article iii - commercial district regulations iii.pdf · city's expected future economy for...

Zoning ResolutionZoning Resolution

THE CITY OF NEW YORKTHE CITY OF NEW YORK

Bill de Blasio, MayorBill de Blasio, Mayor

CITY PLANNING COMMISSIONCITY PLANNING COMMISSION

Marisa Lago, ChairMarisa Lago, Chair

Article III - Commercial District Regulations

File generated by https://zr.planning.nyc.gov on 9/21/2020






Chapter 1 - Statement of Legislative Intent


Chapter 1 - Statement of Legislative Intent

31-00 - GENERAL PURPOSES OF COMMERCIAL DISTRICTS

LAST AMENDED

2/26/1967

The Commercial Districts established in this Resolution are designed to promote and protect public health, safety and general

welfare. These general goals include, among others, the following specific purposes:

(a) to provide sufficient space, in appropriate locations in proximity to residential areas, for local retail development catering

to the regular shopping needs of the occupants of nearby residences, with due allowance for the need for a choice of

sites;

(b) to provide appropriate space and, in particular, sufficient depth from a street, to satisfy the needs of modern local retail

development, including the need for off-street parking spaces in areas to which a large proportion of shoppers come by

automobile, and to encourage the natural tendency of local retail development to concentrate in continuous retail

frontage, to the mutual advantage of both consumers and merchants;

(c) to protect both local retail development and nearby residences against fire, explosions, toxic and noxious matter, radiation

and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat,

humidity, glare and other objectionable influences;

(d) to protect both local retail development and nearby residences against congestion, particularly in areas where the

established pattern is predominantly residential but includes local retail uses on the lower floors, by regulating the

intensity of local retail development, by restricting those types of establishments which generate heavy traffic, and by

providing for off-street parking and loading facilities;

(e) to provide sufficient and appropriate space and, in particular, sufficient depth from the street, to meet the needs of the

city's expected future economy for modern commercial floor space in central, major or secondary commercial centers,

including the need for off-street parking space in areas where a large proportion of customers come by automobile, with

due allowance for the need for a choice of sites, and to encourage the natural tendency of commercial development to

concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants;

(f) to protect commercial development in central, major or secondary commercial centers, as far as is possible and appropriate

in each area, against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise,

vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable

influences;

(g) to protect commercial development in central, major or secondary commercial centers against congestion, as far as

possible, by limiting the bulk of buildings in relation to the land around them and to one another, by restricting those

types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities;

(h) to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, with

due allowance for the need for a choice of sites;

(i) to provide freedom of architectural design, in order to encourage the development of more attractive and economic

building forms, within proper standards;

(j) to protect the character of certain designated areas of historic and architectural interest, where the scale of building

development is important, by limitations on the height of buildings; and

(k) to promote the most desirable use of land and direction of building development in accord with a well-considered plan,

to promote stability of commercial development, to strengthen the economic base of the City, to protect the character

of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect

the City's tax revenues.

31-10 - PURPOSES OF SPECIFIC COMMERCIAL DISTRICTS

LAST AMENDED

12/15/1961

31-11 - C1 Local Retail Districts

LAST AMENDED

12/15/1961

These districts are designed to provide for local shopping and include a wide range of retail stores and personal service

establishments which cater to frequently recurring needs. Since these establishments are required in convenient locations near all

residential areas, and since they are relatively unobjectionable to nearby residences, these districts are widely mapped. The

district regulations are designed to promote convenient shopping and the stability of retail development by encouraging

continuous retail frontage and by prohibiting local service and manufacturing establishments which tend to break such

continuity.

31-12 - C2 Local Service Districts

LAST AMENDED

12/15/1961

These districts are designed to provide for a wide range of essential local services not involving regular local shopping. Since

these establishments are less frequently visited by customers, they tend to break the continuity of prime retail frontage and,

therefore, hamper the development of convenient shopping. The permitted services create relatively few objectionable

influences for nearby residential areas.

31-13 - C3 Waterfront Recreation District

LAST AMENDED

12/15/1961

This district is designed to provide for the growing recreational activities of pleasure boating and fishing by permitting rental,

servicing and storage of boats in appropriate waterfront areas, normally adjacent to residential development.

31-14 - C4 General Commercial Districts

LAST AMENDED

12/15/1961

These districts comprise the City's major and secondary shopping centers, which provide for occasional family shopping needs

and for essential services to business establishments over a wide area, and which have a substantial number of large stores

generating considerable traffic. The district regulations are designed to promote convenient shopping and the stability of retail

development by encouraging continuous retail frontage and by prohibiting service and manufacturing establishments which

tend to break up such continuity.

31-15 - C5 Restricted Central Commercial Districts

LAST AMENDED

4/9/1981

These districts are designed to provide for office buildings and the great variety of large retail stores and related activities which

occupy the prime retail frontage in the central business district, and which serve the entire metropolitan region. The district

regulations also permit a few high-value custom manufacturing establishments which are generally associated with the

predominant retail activities, and which depend on personal contacts with persons living all over the region. The district

regulations are also designed to provide for continuous retail frontage.

31-16 - C6 General Central Commercial Districts

LAST AMENDED

4/9/1981

These districts are designed to provide for the wide range of retail, office, amusement service, custom manufacturing and related

uses normally found in the central business district and regional commercial centers but to exclude non-retail uses which

generate a large volume of trucking.

31-17 - C7 Commercial Amusement District

LAST AMENDED

12/15/1961

This district is designed to permit large open commercial amusement parks and is mapped in only a few areas.

31-18 - C8 General Service Districts

LAST AMENDED

12/15/1961

These districts are designed to provide for necessary services for a wider area than is served by the Local Service Districts. Since

these service establishments often involve objectionable influences, such as noise from heavy service operations and large volumes

of truck traffic, they are incompatible with both residential and retail uses. New residential development is excluded from these

districts.

31-20 - SPECIAL MIDTOWN DISTRICT

LAST AMENDED

5/13/1982

The regulations regarding C5P, C5-2.5, C5-3.5, C6-4.5, C6-6.5 and C6-7.5 Districts and any other underlying districts within

the #Special Midtown District# are set forth in Article VIII, Chapter 1 (Special Midtown District).






Chapter 2 - Use Regulations


Chapter 2 - Use Regulations

32-00 - GENERAL PROVISIONS

LAST AMENDED

10/10/2013

In order to carry out the purposes and provisions of this Resolution, the #uses# of #buildings or other structures# and the open

#uses# of #zoning lots#, or portions thereof, have been classified and combined into Use Groups. A brief statement is inserted at

the start of each Use Group to describe and clarify the basic characteristics of that Use Group. Use Groups 1, 2, 3, 4, 5, 6, 7, 8, 9,

10, 11, 12, 13, 14, 15 and 16, including each #use# listed separately therein, are permitted in #Commercial Districts# as indicated

in Sections 32-11 through 32-25, except that any such #use# which is also an #adult establishment# shall, in addition, be subject

to the provisions of Section 32-01 (Special Provisions for Adult Establishments).

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community

Districts 1 and 2, the #conversion# of non-#residential floor area# to #residences# shall be subject to the provisions of Article I,

Chapter 5 (Residential Conversion Within Existing Buildings), unless such #conversions# meet the requirements for

#residences# of Article II (Residence District Regulations).

All districts indicated in Column A shall comply with the regulations for districts indicated in Column B except as set forth in

the sections indicated in Column C.

Column A Column B Column C

C1 and C2 in R9A R9 32-43

C1 and C2 in R10A R10 32-43

C1-8A C1-8 32-43

C1-9A C1-9 32-43

C2-7A C2-7 32-43

C2-8A C2-8 32-43

C4-6A C4-6 32-43

C4-7A C4-7 32-43

C6-1A C6-1 32-15 32-16 32-17

32-20 32-644

In a C8 District, any #use# listed in Use Group 11A or 16 that involves the production, processing, cleaning, servicing, testing or

repair of products, goods or materials shall conform to the performance standards for M1 Districts as set forth in Sections 42-20

and 42-28 inclusive, relating to Performance Standards.

In C5 and C6 Districts in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, all existing lawful #uses# in Use Groups 17B or E

in existing enclosed #buildings# erected prior to December 15, 1961, shall be considered conforming and shall conform to the

performance standards for M1 Districts as set forth in Sections 42-20 and 42-28, inclusive, relating to Performance Standards.

Such #uses# may be #extended# within #buildings# or into #abutting buildings# on the same #zoning lot#.

Whenever a #use# is specifically listed in a Use Group and also could be construed to be incorporated within a more inclusive

#use# listing, either in the same or another Use Group, the more specific listing shall control.

The letters A, B, B1, C, D, E, F, G or H in the Parking Requirement Category following a #use# listed in Sections 32-14 to 32-

25, inclusive, refer to the classification of #commercial uses# to determine required #accessory# off-street parking spaces as set

forth in the table in Section 36-21 (General Provisions).

The #uses# listed in the various Use Groups set forth in Sections 32-11 to 32-25, inclusive, are also listed in alphabetical order in

the Index at the end of this Resolution, for the convenience of those using the Resolution. Whenever there is any difference in

meaning or implication between the text of these Use Groups and the text of the Index, the text of these Use Groups shall

prevail.

In the area, which as a result of #zoning map# change 840260 ZMM is zoned C6-2A, existing lawful meat markets listed in Use

Group 17A, in existing enclosed #buildings# erected prior to December 15, 1961, shall be a conforming #use#.

Special regulations applying in the #waterfront area# are set forth in Article VI, Chapter 2.

Special regulations applying in the #flood zone# are set forth in Article VI, Chapter 4.

The following chart sets forth the Use Groups permitted in the various #Commercial Districts#.

USE GROUPS PERMITTED IN COMMERCIAL DISTRICTS

Districts Use Groups

#Residential# #Community

Facility#

Retail and #Commercial# Gen.

Ser-

vice

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Local Retail

C1

X X X X X X

Local Service

C2

X X X X X X X X X X

Waterfront

Recreation

C3

X X X X X

General

Commercial

C4

X X X X X X X X X X

Restricted

Central

Commercial

C5

X X X X X X X X X

General

Central

Commercial

C6

X X X X X X X X X X X X

Commercial

Amusement

C7

X X X X

General

Service C8

X X X X X X X X X X X X

32-01 - Special Provisions for Adult Establishments

LAST AMENDED

9/9/2004

In addition to the applicable regulations for the #uses# listed in a permitted Use Group, #adult establishments# shall be subject

to the following provisions:

(a) #Adult establishments# are not permitted in C1, C2, C3, C4, C5, C6-1, C6-2 or C6-3 Districts.

(b) In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no #adult establishment# shall be established less than 500

feet from a house of worship, a #school#, a #Residence District#, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District,

or a #Manufacturing District#, other than an M1-6M District, in which new #residences# or new #joint living-work

quarters for artists# are allowed as-of-right or by special permit or authorization. No provisions or findings of such

special permit or authorization which require an assessment of the impact of new #residences# or new #joint living-work

quarters for artists# on #commercial# or #manufacturing uses# within a #Manufacturing District# shall be construed as

a limitation on the scope of this provision. However, on or after October 25, 1995, an #adult establishment# that

otherwise complies with the provisions of this paragraph shall not be rendered #non-conforming# if a house of worship

or a #school# is established on or after April 10, 1995, within 500 feet of such #adult establishment#.

(c) In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no #adult establishment# shall be established less than 500

feet from a previously established #adult establishment#.

(d) In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no more than one #adult establishment# permitted under

this Section shall be established on a #zoning lot#.

(e) In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, #adult establishments# shall not exceed, in total, 10,000

square feet of #floor area# and #cellar# space not used for enclosed storage or mechanical equipment.

(f) #Adult establishments# which were established on October 25, 1995, and conform to all provisions of the Zoning

Resolution relating to #adult establishments# other than the provisions of all or any combination of paragraphs (c), (d),

and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an #adult establishment# shall be established upon the date of a permit issued by the Department of

Buildings therefor, or, in the case of an #adult establishment# in existence prior to August 8, 2001, as determined by the

Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work

authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an #adult establishment#.

32-10 - USES PERMITTED AS-OF-RIGHT

LAST AMENDED

12/15/1961

32-11 - Use Groups 1 and 2

LAST AMENDED

1/18/2011

C1 C2 C3 C4 C5 C6

Use Groups 1 and 2, as set forth in Sections 22-11 and 22-12. However, in C3A Districts, Use Group 2 shall be limited to

#single#- or #two-family detached# or #zero lot line residences#.

In #lower density growth management areas# in the Borough of Staten Island, except C3A Districts, Use Groups 1 and 2 shall be

permitted only within #mixed buildings#. However, no #residences# shall be allowed on the following #zoning lots#, except by

special permit pursuant to Section 74-49 (Residential Use in C4-1 Districts in Staten Island):

(a) any #zoning lot# in a C4-1 District, where such district occupies at least four acres within a #block#; or

(b) any other #zoning lot# in a C4-1 District, where such #zoning lot# had a #lot area# greater than 20,000 square feet on

December 21, 2005, or on any subsequent date.

32-12 - Use Group 3

LAST AMENDED

7/6/1972

C1 C2 C3 C4 C5 C6

Use Group 3, as set forth in Section 22-13.

32-13 - Use Group 4

LAST AMENDED

7/6/1972

C1 C2 C3 C4 C5 C6 C8

Use Group 4, as set forth in Section 22-14.

32-14 - Use Group 5

LAST AMENDED

8/16/1990

C1* C2** C4 C5 C6 C8

Use Group 5 consists of hotels used primarily for transient occupancy.

A. Transient Accommodations

#Hotels, transient# [PRC-H]

B. #Accessory Uses#

* In a C1-1, C1-2, C1-3 or C1-4 District, a #transient hotel# shall not be permitted

** In a C2-1, C2-2, C2-3 or C2-4 District, each #transient hotel# shall be located on a #zoning lot# in whole or in part within

a 1,000-foot radius of the entrance or exit of a limited-access expressway, freeway, parkway, or highway, all of which

prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured

from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent #street#.

32-15 - Use Group 6

LAST AMENDED

3/26/2014

C1 C2 C4 C5 C6 C8

Use Group 6 consists primarily of retail stores and personal service establishments which:

(1) provide for a wide variety of local consumer needs; and

(2) have a small service area and are, therefore, distributed widely throughout the City.

Public service establishments serving small areas are also included. Retail and service establishments are listed in two subgroups,

both of which are permitted in all C1 Districts.

The #uses# listed in subgroup A are also permitted within a #large-scale residential development# to provide daily convenience

shopping for its residents.

A. Convenience Retail or Service Establishments

Bakeries, provided that #floor area# used for production shall be limited to 750 square feet per establishment [PRC-B]

Barber shops [PRC-B]

Beauty parlors [PRC-B]

Drug stores [PRC-B]

Dry cleaning or clothes pressing establishments or receiving stations dealing directly with ultimate consumers, limited to

2,000 square feet of #floor area# per establishment, and provided that only solvents with a flash point of not less than

138.2 degrees Fahrenheit shall be used, and total aggregate dry load capacity of machines shall not exceed 60 pounds

[PRC-B]

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is

no cover charge and no specified showtime, and those which have #accessory# drive-through facilities2 [PRC-B]

Food stores, including supermarkets, grocery stores, meat markets, or delicatessen stores [PRC-Either A or B 3]

Hardware stores [PRC-B]

Laundry establishments, hand or automatic self-service [PRC-B1]

Liquor stores, package [PRC-B]

Post offices [PRC-H]

Shoe or hat repair shops [PRC-B]

Stationery stores [PRC-B]

Tailor or dressmaking shops, custom [PRC-B]

Variety stores, limited to 10,000 square feet of #floor area# per establishment [PRC-B]

B. Offices

Offices, business, professional including ambulatory diagnostic or treatment health care, or governmental [PRC-B1]

Veterinary medicine for small animals, provided all activities are conducted within a #completely enclosed building#;

where such #building# contains a #residential use#, no access shall be from an entrance serving the #residential# portion

[PRC-B1]

C. Retail or Service Establishments

Antique stores [PRC-B]

Art galleries, commercial [PRC-B]

Artists' supply stores [PRC-B]

Automobile supply stores, with no installation or repair services [PRC-B]

Banks, including drive-in banks [PRC-B]

Bicycle sales [PRC-B]

Book stores [PRC-B]

Candy or ice cream stores [PRC-B]

Carpet, rug, linoleum or other floor covering stores, limited to 10,000 square feet of #floor area# per establishment

[PRC-B1]

Cigar or tobacco stores [PRC-B]

Clothing or clothing accessory stores, limited to 10,000 square feet of #floor area# per establishment [PRC-B]

Clothing rental establishments, limited to 10,000 square feet of #floor area# per establishment [PRC-B]

Docks for ferries, other than #gambling vessels#, limited to an aggregate operational passenger load, per #zoning lot#, of

150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel

capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City

Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront

areas). The maximum dock capacity is the U. S. Coast Guard-certified capacity of the largest vessel using the dock [PRC-

H]

Docks for water taxis, with a vessel capacity of up to 99 passengers. In Community District 1 in the Borough of

Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813

(Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U. S. Coast

Guard-certified capacity of the largest vessel using the dock

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

Dry goods or fabrics stores, limited to 10,000 square feet of #floor area# per establishment [PRC-B]

Eating or drinking establishments with entertainment, but not dancing, with a capacity of 200 persons or fewer 4 [PRC-

B]

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or fewer

[PRC-B]

Electrolysis studios [PRC-B]

Fishing tackle or equipment, rental or sales [PRC-B1]

Florist shops [PRC-B]

Frozen food lockers1 [PRC-B]

Furniture stores, limited to 10,000 square feet of #floor area# per establishment [PRC-B1]

Furrier shops, custom [PRC-B]

Gift shops [PRC-B]

Interior decorating establishments, provided that #floor area# used for processing, servicing or repairs shall be limited to

750 square feet per establishment [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Leather goods or luggage stores [PRC-B]

Loan offices1 [PRC-B1]

Locksmith shops1 [PRC-B]

Medical or orthopedic appliance stores [PRC-B]

Meeting halls1 [PRC-D]

Millinery shops [PRC-B]

Music stores [PRC-B]

Newsstands, open or enclosed [PRC-B]

Optician or optometrist establishments [PRC-B]

Paint stores [PRC-B]

Pet shops [PRC-B]

Photographic equipment or supply stores [PRC-B]

Photographic studios [PRC-B]

Picture framing shops [PRC-B]

Record stores [PRC-B]

Seed or garden supply stores [PRC-B]

Sewing machine stores, selling household machines only [PRC-B]

Shoe stores [PRC-B]

Sporting or athletic stores [PRC-B]

Stamp or coin stores [PRC-B]

Telegraph offices [PRC-B]

Television, radio, phonograph or household appliance stores, limited to 10,000 square feet of #floor area# per

establishment [PRC-B]

Toy stores [PRC-B]

Travel bureaus [PRC-B]

Typewriter stores [PRC-B]

Wallpaper stores [PRC-B]

Watch or clock stores or repair shops [PRC-B]

D. Public Service Establishments5

Court houses [PRC-C]

Electric or gas utility substations, open or enclosed, limited in each case to a site of not more than 10,000 square feet 1

Fire or police stations [PRC-C]

Public utility stations for oil or gas metering or regulating1

Solar energy systems

Telephone exchanges or other communications equipment structures. In all districts the height above #curb level# of

such structures not existing on December 15, 1961, shall not exceed that attributable to #commercial buildings# of

equivalent #lot coverage#, having an average floor to floor height of 14 feet above the lobby floor which may be as much

as 25 feet in height. For the purpose of making this height computation, the gross area of all floors of the #building#

including accessory mechanical equipment space except the #cellar# shall be included as #floor area#. Such height

computation for the structure shall not preclude the ability to utilize unused #floor area# anywhere on the #zoning lot#

or by special permit, subject to the normal provisions of the Resolution.

Terminal facilities at river crossings for access to electric, gas, or steam lines1

Water or sewage pumping stations1

E. Clubs

Non-commercial clubs, without restrictions on activities or facilities except for any activity or #use# listed within the

definitions of either #adult physical culture establishments# or #physical culture or health establishments# in Section 12-

10 [PRC-D]

F. #Accessory Uses#

1 In C5 Districts, a #use# in Use Group 6, marked with an asterisk, shall not be located on the ground floor of a #building#

unless such #use# is at least 50 feet from the #street wall# of the #building# in which it is located, as provided in Section

32-423 (Limitation on ground floor location)

2 Eating or drinking places with #accessory# drive-through facilities shall be permitted in C1 Districts only as provided in

Section 73-243, and shall not be permitted in C5 Districts

3 Food stores with 2,000 square feet or more of #floor area# per establishment are classified in parking requirement category

A and food stores with less than 2,000 square feet of #floor area# are classified in parking requirement category B,

pursuant to Section 36-21 (General Provisions)

4 Permitted in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3 and C5 Districts, only as provided in Section 73-241

5 In a C6-1A District, #uses# in Use Group 6D are not permitted

32-16 - Use Group 7

LAST AMENDED

4/30/2012

C2 C6* C8

Use Group 7 consists primarily of home maintenance or repair services which:

(1) fulfill recurrent needs of residents in nearby areas;

(2) have a relatively small service area and are, therefore, widely distributed throughout the City; and

(3) are incompatible in primary retail districts since they break the continuity of retail frontage.

A. Transient Accommodations

#Motels#, #tourist cabins# or #boatels# [PRC-H]

In C2 Districts, each #motel# or #tourist cabin# shall be located on a #zoning lot# in whole or in part within a 1,000 foot

radius of the entrance or exit of a limited-access expressway, freeway, parkway or highway, all of which prohibit direct

vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the

centerline of the entrance or exit ramp at its intersection with the nearest adjacent #street#

B. Retail or Service Establishments

Bicycle rental or repair shops [PRC-B1]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments,

limited to 2,500 square feet of #floor area# per establishment [PRC-B1]

Exterminators [PRC-B1]

Funeral establishments [PRC-H]

Gun repairs [PRC-B1]

Monument sales establishments, with incidental processing to order, but not including the shaping of headstones [PRC-

C]

Moving or storage offices, with storage limited to items for retail sale and to 1,500 square feet of #floor area# per

establishment [PRC-B1]

Refreshment stands, drive-in [PRC-H]

Sailmaking establishments [PRC-C]

Sign painting shops, limited to 2,500 square feet of #floor area# per establishment [PRC-B1]

Taxidermist shops [PRC-B1]

Trade embalmers [PRC-B1]

Venetian blind, window shade or awning shops, custom, limited to 2,500 square feet of #floor area# per establishment

[PRC-B1]

Window cleaning contractors' establishments, including floor waxing and other similar building maintenance services

[PRC-B1]

C. Wholesale Establishments

Wholesale establishments, with not more than 1,500 square feet of #accessory# storage per establishment [PRC-B1]

D. Auto Service Establishments

Automobile glass and mirror shops [PRC-B1]

Automobile seat cover or convertible top establishments, selling or installation [PRC-B1]

Electric vehicle charging stations and automotive battery swapping facilities [PRC-B1]

Tire sales establishments, including installation services [PRC-B1]

E. #Accessory Uses#

* In a C6-1A District, #uses# in Use Group 7 are not permitted

32-17 - Use Group 8

LAST AMENDED

5/8/2013

C2 C4 C6 C8

Use Group 8 consists primarily of amusement or service establishments which:

(1) are appropriate in local service districts to serve nearby residential areas; or

(2) depend on a wide service radius and may appropriately be located in secondary or major commercial centers.

Since these establishments are generally patronized by customers for special purposes not associated with retail shopping, they

are appropriate neither in local shopping areas nor in the restricted central commercial areas.

A. Amusements

*Billiard parlors or pool halls [PRC-D]

*Bowling alleys, limited to not more than 16 lanes per establishment [PRC-D]

Model car hobby center, including racing, limited to not more than 8,000 square feet of #floor area# per establishment

[PRC-D]

Theaters [PRC-D]

In C2-5, C2-6, C2-7, C2-8, C4-5, C4-6, C4-7, C6 and C8-4 Districts, in order to prevent obstruction of #street# areas, a

new motion picture theater, in a new or existing #building#, shall provide a minimum of four square feet of waiting area

within the #zoning lot# for each seat in such theater. The required waiting space shall be either in an enclosed lobby or

open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space

within 10 feet of a refreshment stand or of an entrance to a public toilet. Such requirements shall not apply to any

additional motion picture theater created by the subdivision of an existing motion picture theater.

B. Retail or Service Establishments

*Automobile driving schools [PRC-B]

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the

ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such

self-contained machines

Lumber stores, limited to 5,000 square feet of #floor area# per establishment exclusive of that #floor area# used for office

and display area, and provided that not more than 400 square feet of #floor area# shall be used for cutting of lumber to

size [PRC-B1]

*Pawn shops [PRC-B1]

Television, radio, phonograph or household appliance repair shops [PRC-B]

*Upholstering shops dealing directly with consumers [PRC-B1]

C. Automotive Service Establishments

Automobile rental establishments, except that in the #Long Island City area#, as defined in Section 16-02 (Definitions),

the number of automobiles that may be stored in such establishments in C2, C4 or C6 Districts shall not exceed 100

spaces and the maximum size in square feet of such storage area shall not exceed 200 times the number of parking spaces

provided, exclusive of entrance/exit ramps

#Public parking garages# or #public parking lots# with a capacity of 150 spaces or less, subject to the provisions set forth

for #accessory# off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street),

36-55 (Surfacing) and 36-56 (Screening), and provided that such #public parking lots# are not permitted as of right in

C6-1A Districts and such #public parking garages# are not permitted as of right in C2-5, C2-6, C2-7, C2-8, C4-5, C4-

5A, C4-5X, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts. #Public parking garages# may be

open or enclosed, provided that no portion of such #use# shall be located on a roof other than a roof which is

immediately above a #cellar# or #basement#.

In the #Manhattan Core#, these #uses# are subject to the provisions of Article I, Chapter 3, and in the #Long Island City

area#, as defined in Section 16-02 (Definitions), such #uses# are subject to the provisions of Article I, Chapter 6.

D. Public Service Establishments

Prisons [PRC-H]

E. #Accessory Uses#

* In a C4 District, a #use# in Use Group 8, marked with an asterisk shall not be located on the ground floor of a #building#



32-18 - Use Group 9

LAST AMENDED

2/26/1998

C2 C4 C5 C6 C8

Use Group 9 consists primarily of business and other services which:

(1) serve a large area and are, therefore, appropriate in secondary, major or central commercial shopping areas, and

(2) are also appropriate in local service districts, since these are typically located on the periphery of major or secondary

centers.

A. Retail or Service Establishments

Automobile, motorcycle, #trailer# or boat showrooms or sales, with no repair services and with no preparation of

vehicles or boats for delivery [PRC-C]

*Banquet halls [PRC-D]

*Blueprinting or photostatting establishments [PRC-B1]

*Business schools or colleges [PRC-B1]

*Catering establishments [PRC-B1]

*Clothing or costume rental establishments [PRC-B]

Docks for sightseeing, excursion or sport fishing vessels, other than #gambling vessels#, limited to the following

aggregate dock capacities per #zoning lot#:

200 in C2 Districts; 500 in C4-1, C4-2, C4-3, C4-4, C8-1, C8-2, C8-3 Districts; 2,500 in C4-4A, C4-5, C4-6,

C4-7, C5, C6, C8-4 Districts.

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock

capacity" is the sum of the dock capacities of all docks on the #zoning lot# [PRC-H]

*Gymnasiums, used exclusively for basketball, handball, paddleball, racketball, squash and tennis. [PRC-B]

*Medical or dental laboratories for research or testing, or the custom manufacture of artificial teeth, dentures or plates,

not involving any danger of fire or explosion nor offensive noise, vibration, smoke or other particulate matter, odorous

matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Musical instrument repair shops [PRC-B1]

Plumbing, heating or ventilating equipment showrooms, without repair facilities [PRC-B1]

*Printing establishments, limited to 2,500 square feet of #floor area# per establishment for production [PRC-B1]

Public auction rooms [PRC-D]

*Studios, art, music, dancing or theatrical [PRC-B]

*Trade, or other schools for adults, not involving any danger of fire or explosion nor of offensive noise, vibration, smoke

or particulate matter, dust, odorous matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Typewriter or other small business machine sales, rental or repairs [PRC-B1]

*Umbrella repair shops [PRC-B]

*Wedding chapels [PRC-D]

B. Wholesale Establishments

Hair products for headwear, wholesaling including styling [PRC-B1]

Photographic developing or photographic printing establishments, limited to 2,500 square feet of #floor area# per

establishment except that such #floor area# limitation shall not apply in C6 Districts provided such #use# conforms to

the performance standards for M1 Districts and to the applicable regulations of Chapter 19 (Fire Prevention Code) of

the Administrative Code [PRC-B1]

C. #Accessory Uses#

* In C4 or C5 Districts, a #use# in Use Group 9, marked with an asterisk, shall not be located on the ground floor of a

#building# unless such #use# is at least 50 feet from the #street wall# of the #building# in which it is located, as provided

in Section 32-423 (Limitation on ground floor location)

32-19 - Use Group 10

LAST AMENDED

3/26/2014

C4 C5 C6 C8

Use Group 10 consists primarily of large retail establishments (such as department stores) that:

(1) serve a wide area, ranging from a community to the whole metropolitan area, and are, therefore, appropriate in

secondary, major or central shopping areas; and

(2) are not appropriate in local shopping or local service areas because of the generation of considerable pedestrian,

automobile or truck traffic.


Carpet, rug, linoleum or other floor covering stores, with no limitation on #floor area# per establishment [PRC-B1]

Clothing or clothing accessory stores, with no limitation on #floor area# per establishment [PRC-B]

Department stores [PRC-B]

Depositories for storage of office records, microfilm or computer tapes, or for data processing [PRC-G]

Docks for ferries, other than #gambling vessels#, with no restriction on passenger load. In Community District 1 in the

Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission, pursuant to

Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas) [PRC-H]

Dry goods or fabric stores, with no limitation on #floor area# per establishment [PRC-B]

Eating or drinking places, without restrictions on entertainment or dancing, but limited to location in hotels [PRC-D]

Furniture stores, with no limitation on #floor area# per establishment [PRC-B1]

Office or business machine stores, sales or rental [PRC-B1]

Photographic or motion picture production studios [PRC-D]

Radio or television studios [PRC-D]

Television, radio, phonograph or household appliance stores, with no limitation on #floor area# per establishment

[PRC-B]

Variety stores, with no limitation on #floor area# per establishment [PRC-B]

B. Wholesale Establishments

Wholesale offices or showrooms, with storage restricted to samples [PRC-B1]

C. #Accessory Uses#


LAST AMENDED

12/15/1961

C5 C6** C8

Use Group 11 consists of a few types of essentially custom manufacturing activities that:

(1) benefit from a central location and are appropriate in the central business district;

(2) generally do not create any significant objectionable influences; and

(3) involve products characterized by a high ratio of value to bulk, so that truck traffic is kept to a minimum.

A. Manufacturing Establishments

*Art needlework, hand weaving or tapestries [PRC-F]

*Books, handbinding or tooling [PRC-F]

*Ceramic products, custom manufacturing [PRC-F]

*Clothing, custom manufacturing or altering for retail [PRC-F]

*Hair products, custom manufacturing [PRC-F]

*Jewelry manufacturing from precious metals [PRC-F]

*Medical, dental, drafting instruments, optical goods, or similar precision instruments [PRC-F]

*Musical instruments, except pianos and organs [PRC-F]

*Orthopedic or medical appliances, custom manufacturing [PRC-F]

*Printing, custom, limited to 2,500 square feet of #floor area# per establishment for production, provided that such

#floor area# limitation shall not apply in C6 Districts [PRC-F]

*Watchmaking [PRC-F]

B. Wholesale or Similar Establishments

*Ship chandlers [PRC-F]

*Wholesale establishments, with #accessory# storage limited to 2,500 square feet of #floor area# per establishment

[PRC-B1]

C. #Accessory Uses#

* In a C5 District, a #use# in Use Group 11, marked with an asterisk, shall not be located on the ground floor of a #building#



** In a C6-1A District, #uses# in Use Group 11 are not permitted


LAST AMENDED

5/8/2013

C4 C6 C7 C8

Use Group 12 consists primarily of fairly large entertainment facilities that:

(1) have a wide service area and generate considerable pedestrian, automotive or truck traffic; and

(2) are, therefore, appropriate only in secondary, major or central commercial areas.

Certain public service establishments are also included.

A. Amusements

Arenas or auditoriums, with capacity limited to 2,500 seats [PRC-D]

*Billiard parlor or pool halls [PRC-D]

*Bowling alleys or table tennis halls, with no limitation on number of bowling lanes per establishment [PRC-D]

**Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of

any capacity with dancing [PRC-D]

In C4 Districts, a minimum of four square feet of waiting area within the #zoning lot# shall be provided for each

person permitted under the occupant capacity as determined by the New York City Building Code. The

required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or

restrooms. In C4 Districts, such establishment shall be a minimum of 100 feet from a #Residence District#

boundary, except that within 100 feet from a #Residence District# boundary, such establishment is permitted

only by special permit pursuant to Section 73-244.

In C6-1, C6-2, C6-3 and C6-4 Districts, a minimum of four square feet of waiting area within the #zoning lot#

shall be provided for each person permitted under the occupant capacity as determined by the New York City

Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by

stairs, corridors or restrooms. In these districts, the entrance to such #use# shall be a minimum of 100 feet from

the nearest #Residential District# boundary.

Historical exhibits, provided such #use# is contained within a #completely enclosed building# [PRC-D]

Indoor golf recreation centers [PRC-D]

Model car hobby center, including racing, with no limitation on #floor area# per establishment [PRC-D]

Public auction rooms [PRC-D]

Skating rinks, enclosed [PRC-D]

Stadiums, with capacity limited to 2,500 seats [PRC-D]

Trade expositions, with rated capacity for not more than 2,500 persons, as determined by the Commissioner of

Buildings [PRC-D]

B. Retail Establishments

Antique stores [PRC-B]

Art gallery, commercial [PRC-B]

Book stores [PRC-B]


Cigar and tobacco stores [PRC-B]

Delicatessen stores [PRC-B]

Drug stores [PRC-B]

Gift shops [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Music stores [PRC-B]

Newsstands [PRC-B]

Photographic equipment stores [PRC-B]

Record stores [PRC-B]

Stationery stores [PRC-B]

Toy stores [PRC-B]

C. Public Service Establishments

Police stations [PRC-C]

Water or sewage pumping stations

D. Automotive Service Establishments

#Public parking garages# or #public parking lots# with capacity of 150 spaces or less, subject to the provisions set forth

for #accessory# off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street),

36-55 (Surfacing) and 36-56 (Screening), and provided that such #public parking lots# are not permitted as-of-right in

C7 Districts and such #public parking garages# are not permitted as-of-right in C4-5, C4-6, C4-7, C6, C8-4, M1-4, M1-

5, M1-6, M2-3, M2-4 or M3-2 Districts. #Public parking garages# may be open or enclosed, provided that no portion of

such #use# shall be located on a roof other than a roof which is immediately above a #cellar# or #basement#.

In the #Manhattan Core#, these #uses# are subject to the provisions of Article I, Chapter 3, and in the #Long Island City


E. #Accessory Uses#

* In a C4 District, a #use# in Use Group 12, marked with an asterisk, shall not be located on the ground floor of a #building#



** In C6-4 Districts mapped within that portion of Community District 5, Manhattan, bounded by West 22nd Street, a line

100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of

Sixth Avenue, eating or drinking establishments with entertainment and a capacity of more than 200 persons, or

establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals

in accordance with Section 73-244


LAST AMENDED

4/6/1978

C7 C8

Use Group 13 consists of open or low coverage #uses#, mostly open amusement establishments, which either:

(1) generate noise and traffic, particularly at night, and are therefore not appropriate in local retail or local service areas; or

(2) attract customers for special purposes not associated with retail shopping, and are therefore not appropriate in local,

secondary, major or central shopping areas.

A. Amusements, Open or Enclosed

Camps, overnight or outdoor day [PRC-H]

Children's amusement parks, provided that the total area of the #zoning lot# shall not exceed 10,000 square feet, and

that no amusement attractions shall be located within 20 feet of a #Residence District# boundary [PRC-E]

Circuses, carnivals or fairs of a temporary nature [PRC-E]

Commercial beaches or swimming pools [PRC-E]

Golf driving ranges [PRC-E]

Miniature golf courses [PRC-E]

Outdoor roller skating rinks [PRC-E]

Outdoor skateboard parks, provided that the total area of the #zoning lot#, excluding the area used for #accessory# off-

street parking spaces, shall not exceed two acres, and provided further that temporary enclosure of the skating runs, such

as air supported structures, shall not be permitted [PRC-E]

Outdoor skating rinks [PRC-E]

Theaters [PRC-D]

B. Retail Establishments

Banquet halls [PRC-D]

Catering establishments [PRC-B1]

Refreshment stands, drive-in [PRC-H]

C. Service Establishments

Boat fuel sales, open or enclosed, without restriction as to location [PRC-C]

D. #Accessory Uses#


LAST AMENDED

3/26/2014

C2 C3 C7 C8

Use Group 14 consists of the special services and facilities required for boating and related activities.

A. Retail or Service

Bicycle rental or repair shops [PRC-B1]

Bicycle sales [PRC-B]

Boat fuel sales, open or enclosed, restricted to location within 10 feet of a boat dock berth [PRC-C]

Boat launching facilities for non-commercial pleasure boats

Boat rentals, open or enclosed [PRC-H]

Boat showrooms or sales, restricted to boats less than 100 feet in length, provided that such #use# or portion thereof

may be conducted outside a #completely enclosed building# only if located at a distance greater than 100 feet from a

#Residence District# boundary [PRC-C]

Boat storage, repair, or painting, including the incidental sale of boats, boat parts, or accessories, restricted to boats less

than 100 feet in length, provided that such #use# or portion thereof may be conducted outside a #completely enclosed

building# only if located at a distance greater than 100 feet from a #Residence District# boundary [PRC-C]


Docks for ferries, other than #gambling vessels#, limited to an aggregate operational passenger load, per #zoning lot#, of

150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel

capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City

Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront

areas) [PRC-H]

Docks for sightseeing, excursion or sport fishing vessels, other than #gambling vessels#, limited to the following

aggregate dock capacities per #zoning lot#:

200 in C2, C3 Districts; 500 in C7, C8-1, C8-2, C8-3 Districts; 2,500 in C8-4 Districts.

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock

capacity" is the sum of the dock capacities of all docks on the #zoning lot#.

Docks for water taxis, with a vessel capacity up to 99 passengers. In Community District 1 in the Borough of Brooklyn,

such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking

facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U.S. Coast Guard-

certified capacity of the largest vessel using the dock

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

Fishing tackle or equipment, rental or sales [PRC-B1]

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the

ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such

self-contained machines

Sailmaking establishments [PRC-C]

Sale or rental of sporting goods or equipment, including instruction in skiing, sailing or skin diving [PRC-B]

B. Clubs

Non-commercial clubs, without restrictions on activities or facilities except for any activity or #use# listed within the

definitions of either #adult physical culture establishments# or #physical culture or health establishments# in Section 12-

10 [PRC-D]

C. #Accessory Uses#


LAST AMENDED

7/23/2008

C7

Use Group 15 consists of large open commercial amusement establishments which:

(1) generate considerable noise or traffic; and

(2) are appropriate only in a few areas designated for open amusement parks.

A. Amusements

Amusement arcades [PRC-E]

Amusement parks, children's, with no limitation on #floor area# per establishment [PRC-E]

Animal exhibits [PRC-E]

Ferris wheels, roller coasters, whips, parachute jumps, merry-go-rounds or similar open midway attractions [PRC-E]

Freak shows, wax museums, dodgem scooters or similar open or enclosed midway attractions [PRC-E]

Open booths with games of skill or chance, including shooting galleries [PRC-E]


LAST AMENDED

12/19/2017

C8

Use Group 16 consists of automotive and other necessary semi-industrial #uses# which:

(1) are required widely throughout the city; and

(2) involve offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare or other

objectionable influences, making such #uses# incompatible with #residential uses# and other #commercial uses#.


Animal hospitals or kennels [PRC-B1]

Animal pounds or crematoriums [PRC-C]

Automobile, motorcycle, trailer or boat sales, open or enclosed [PRC-C]

Blacksmith shops [PRC-C]

Building materials sales, open or enclosed, limited to 10,000 square feet of #lot area# per establishment, provided that

not more than 5,000 square feet of such #lot area# is used for open storage [PRC-B1]

Carpentry, custom woodworking or custom furniture making shops [PRC-B1]

Crematoriums, human [PRC-C]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, open

or enclosed, with open storage limited to 5,000 square feet of #lot area# per establishment [PRC-B1]

Fuel, ice, oil, coal or wood sales, open or enclosed, limited to 5,000 square feet of #lot area# per establishment [PRC-B1]

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers

or air conditioning units [PRC-B1]

Machinery rental or sales establishments [PRC-B1]

Mirror silvering or glass cutting shops [PRC-B1]

Motorcycle or motor scooter rental establishments [PRC-C]

Poultry or rabbit killing establishments, for retail sale on the same #zoning lot# only [PRC-B1]

Riding academies, open or enclosed [PRC-C]

Sign painting shops, with no limitation on #floor area# per establishment [PRC-B1]

Silver plating shops, custom [PRC-B1]

Soldering or welding shops [PRC-Bl]

Stables for horses [PRC-C]

Tool, die or pattern making establishments, or similar small machine shops [PRC-B1]

Trade schools for adults [PRC-B1]

B. Automotive Service Establishments

Automobile, truck, motorcycle or #trailer# repairs [PRC-C]

Automobile laundries, provided that the #zoning lot# contains reservoir space for not less than 10 automobiles per

washing lane

#Automotive service stations#, open or enclosed, provided that facilities for lubrication, minor repairs or washing are

permitted only if located within a #completely enclosed building#

C. Vehicle Storage Establishments

Commercial or public utility vehicle storage, open or enclosed, including #accessory# motor fuel pumps [PRC-G]

Dead storage of motor vehicles

Public transit yards, open or enclosed, including #accessory# motor fuel pumps [PRC-G]

D. Heavy Service, Wholesale, or Storage Establishments

Carpet cleaning establishments [PRC-F]

Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, #floor area# or

capacity per establishment [PRC-F]

Laundries, with no limitation on type of operation [PRC-F]

Linen, towel or diaper supply establishments [PRC-F]

Moving or storage offices, with no limitation as to storage or #floor area# per establishment* [PRC-G]

Packing or crating establishments [PRC-G]

Photographic developing or printing with no limitation on #floor area# per establishment [PRC-C]

Trucking terminals or motor freight stations, limited to 20,000 square feet of #lot area# per establishment [PRC-G]

Warehouses* [PRC-G]

Wholesale establishments, with no limitation on #accessory# storage [PRC-C]

E. #Accessory Uses#

* In designated areas within #Manufacturing Districts#, as shown on the maps in APPENDIX J (Designated Areas Within

Manufacturing Districts) of this Resolution, a #self-service storage facility# is subject to the provisions of Section 42-121

(Use Group 16D self-service storage facilities).

32-30 - USES PERMITTED BY SPECIAL PERMIT

LAST AMENDED

12/15/1961

32-31 - By the Board of Standards and Appeals

LAST AMENDED

8/12/2004

In the districts indicated, the following #uses# are permitted by special permit of the Board of Standards and Appeals, in

accordance with standards set forth in Article VII, Chapter 3.

C4-1

Amusement arcades [PRC-E]

C2 C4 C6 C7

#Automotive service stations#, open or enclosed, with sites of not less than 7,500 square feet per establishment, and provided

that facilities for lubrication, minor repairs, or washing are permitted only if located within a #completely enclosed building#

C3

#Boatels# [PRC-H]

C1 C2 C3

Camps, overnight or outdoor day [PRC-H]

C8

Children's amusement parks, with sites of not less than 10,000 square feet nor more than 75,000 square feet per establishment

[PRC-E]

C3

Commercial beaches [PRC-E]

C3

Commercial swimming pools [PRC-E]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover

charge and no specified showtime, which have #accessory# drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide musical entertainment but not dancing, with a capacity of 200

persons or less, or outdoor table service, which have #accessory# drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C1-4 C2-1 C2-2 C2-3 C2-4 C3 C5

Eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C3

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C2 C3 C4* C6-4**

Eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity

with dancing [PRC-D]

C1 C2 C3 C4 C5 C6 C7 C8

Electric utility substations, limited to a site of not less than 10,000 square feet nor more than 40,000 square feet

C1 C4

Funeral establishments [PRC-H]

C6

Newspaper publishing establishments

C1-8X C1-9 C2 C4 C5 C6 C8

#Physical culture or health establishments#, including gymnasiums (not permitted under Use Group 9), massage establishments

[PRC-B]

C1 C2 C3 C4 C5 C6 C7 C8

Public transit or railroad electric substations, limited in each case to a site of not more than 40,000 square feet

C1 C2 C3 C4 C5 C6 C7 C8

Radio or television towers, non-#accessory#

C2 C6 C7

Riding academies or stables [PRC-C]

C1 C2 C3 C4 C5 C6 C7 C8

Sand, gravel or clay pits

C8

#Schools#, provided they have no living or sleeping accommodations

C1

Theaters, limited to a maximum capacity of 500 persons [PRC-D]

* In C4 Districts, such #use# is permitted within 100 feet of a #Residence District# boundary, only as provided in Section 73-

244

** In C6-4 Districts mapped within that portion of Community District 5, Manhattan, bounded by West 22nd Street, a line

100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of

Sixth Avenue, such #use# is permitted only as provided in Section 73-244

32-32 - By the City Planning Commission

LAST AMENDED

3/22/2016

In the districts indicated, the following #uses# are permitted by special permit of the City Planning Commission, in accordance

with standards set forth in Article VII, Chapter 4, or as otherwise indicated in this Section.

C8

Amusement parks, children's, with sites of not less than 75,000 square feet nor more than 10 acres per establishment [PRC-E]

C4 C6 C7 C8

Arenas, auditoriums or stadiums with a capacity in excess of 2,500 seats [PRC-D]

C2

Automobile rental establishments, open

Bus stations:

C1 C2 C4 C6 C7 C8

With less than 10 berths

C4 C6

With 10 or more berths

C2 C3 C4 C5 C6 C7 C8

Docks for #gambling vessels#, pursuant to Section 62-838

C6

Docks for passenger ocean vessels, pursuant to Section 62-832

C7 C8

Drive-in theaters, with a maximum capacity of 500 automobiles

C3 C4 C5 C6 C7 C8

Heliports

C4 C6 C7 C8

Indoor interactive entertainment facilities with eating and drinking [PRC-D]

C1 C2

#Long-term care facilities#, in C1 and C2 Districts mapped within R1 and R2 Districts.

C1 C2 C3 C4 C5 C6 C7

#Long-term care facilities# in Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of

Manhattan, Community District 14 in the Borough of Queens, and Community District 1 in the Borough of Staten Island,

#developments# of nursing homes, as defined in the New York State Public Health Law, or #enlargements# of existing nursing

homes that increase the existing #floor area# by 15,000 square feet or more

C1 C2 C3 C4 C5 C6 C7

#Non-profit hospital staff dwellings#, located not more than 1,500 feet from the non-profit or voluntary hospital

#Public parking garages#*:

C1

Limited in capacity to 100 spaces

C2-1 C2-2 C2-3 C2-4 C4-1 C4-2 C4-3 C4-4 C7 C8-1 C8-2 C8-3

With capacity of more than 150 spaces

C2-5 C2-6 C2-7 C2-8 C4-5 C4-6 C4-7 C5 C6 C7 C8-4

With any capacity

#Public parking lots#*:

C1

Limited in capacity to 100 spaces

C2 C4 C6 C7 C8

With capacity of more than 150 spaces

C5 C7

With any capacity

C1 C2 C3 C4 C5 C6 C7 C8

Public transit, railroad or electric utility substations, limited in each case to a site of not less than 40,000 square feet nor more

than 10 acres

C8

Racetracks

C1 C2 C3 C4 C5 C6 C7 C8

Railroad passenger stations

C6

Research and development facility, scientific

C1 C2 C3 C4 C5 C6 C7 C8

Seaplane bases

C1 C2 C3 C4 C5 C6 C7 C8

Sewage disposal plants

C4 C6 C7 C8

Trade expositions, with a rated capacity for more than 2,500 persons [PRC-D]

C8

Trucking terminals or motor freight stations with sites in excess of 20,000 square feet per establishment [PRC-G]

C1 C2 C3 C4 C5 C6 C7 C8

#Uses# listed in a permitted Use Group for which #railroad or transit air space# is #developed#

* In the #Manhattan Core#, these #uses# are subject to the provisions of Article I, Chapter 3, and in the #Long Island City


32-40 - SUPPLEMENTARY USE REGULATIONS

LAST AMENDED

12/15/1961

32-41 - Enclosure Within Buildings

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C8

In the districts indicated, except as otherwise specifically provided in the Use Groups permitted in such districts and in Sections

36-11 (General Provisions), 36-61 (Permitted Accessory Off-street Loading Berths) and 73-36 (Physical Culture or Health

Establishments), all permitted #uses# which are created by #development#, or which are #enlarged# or #extended#, or which

result from a change of #use# shall be subject to the provisions of this Section with respect to enclosure within #buildings#. With

respect to the #enlargement# or #extension# of an existing #use#, such provisions shall apply to the #enlarged# or #extended#

portion of such #use#.

32-411 - In C1, C5, C6-5 or C6-7 Districts

LAST AMENDED

12/15/1961

C1 C5 C6-5 C6-7

In the districts indicated, all such #uses# shall be located within #completely enclosed buildings#.

32-412 - In other Commercial Districts

LAST AMENDED

1/20/1965

C2 C3 C4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, all such #uses# shall be located within #completely enclosed buildings# or within #buildings# which are

#completely enclosed# except for store fronts or store windows which may be opened to serve customers outside the #building#.

32-42 - Location Within Buildings

LAST AMENDED

12/15/1961

32-421 - Limitation on floors occupied by commercial uses

LAST AMENDED

2/26/2014

C1 C2 C3

In the districts indicated, in any #building#, or portion of a #building# occupied on one or more of its upper #stories# by

#residential uses# or by #community facility uses#, no #commercial uses# listed in Use Group 6, 7, 8, 9 or 14 shall be located

above the level of the first #story# ceiling, provided, however, that permitted #signs#, other than #advertising signs#,

#accessory# to such #commercial uses# may extend to a maximum height of two feet above the level of the finished floor of the

second #story#, but in no event higher than six inches below the lowest window sill of the second #story#. In any other

#building#, or portion thereof, not more than two #stories# may be occupied by #commercial uses# listed in Use Group 6A, 6B,

6C, 6F, 7, 8, 9 or 14.

However, in C1 or C2 Districts mapped within R9 or R10 Districts or in C1-8, C1-9, C2-7 or C2-8 Districts, non-#residential

uses# listed in Use Group 6, 7, 8, 9 or 14, where permitted by the applicable district regulations, may occupy the lowest two

#stories# in any #building# constructed after September 17, 1970. For #buildings# constructed in such districts prior to

September 17, 1970, located in Community District 6 in the Borough of Manhattan, such non-#residential uses# may occupy

the lowest two #stories# in such #building#, provided that:

(a) the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that the second #story#

has not been occupied by a #community facility use#, a #dwelling unit# or a #rooming unit#, notwithstanding the

certificate of occupancy, if any, for a continuous period from May 1, 2013, until a certification has been issued pursuant

to this Section; and

(b) the second #story# of at least one other #building# on the same #block# frontage is occupied by a #use# listed in Use

Groups 6, 7, 8, 9 or 14.

32-422 - Location of floors occupied by commercial uses

LAST AMENDED

2/2/2011

C4 C5 C6

In the districts indicated, in any #building#, or portion of a #building# occupied by #residential uses#, #commercial uses# listed

in Use Group 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 may be located only on a #story# below the lowest #story# occupied in

whole or in part by such #dwelling units# or #rooming units#, except that this limitation shall not preclude the location of any

such #commercial use# below the level of the first #story# ceiling, or the extension of a permitted #sign#, other than an

#advertising sign#, #accessory# to such #commercial use#, to a maximum height of two feet above the level of the finished floor

of the second #story#, but in no event higher than six inches below the lowest window sill on the second #story#.

32-423 - Limitation on ground floor location

LAST AMENDED

3/22/2016

C4 C5

In the districts indicated, #uses# in the Use Groups listed in the following table and marked with asterisks in the Use Group

listing shall be located only as follows and as set forth in the following table:

(a) on a floor above or below the ground floor; or

(b) on the ground floor, but not within 50 feet of any #street wall# of the #building# and with no #show window# facing on

the #street#.

District Use Group in Which Limitation

Applies

C4 8, 9 or 12

C5 6, 9 or 11

32-43 - Ground Floor Use in Certain Locations

LAST AMENDED

12/21/2005

32-431 - Ground floor use in C1-8A, C1-9A, C2-7A, C2-8A, C4-6A and C4-7A Districts

LAST AMENDED

3/22/2016

C1-8A C1-9A C2-7A C2-8A C4-6A C4-7A

In the districts indicated, and in C1 and C2 Districts mapped within R9A and R10A Districts, #uses# within #stories# that have

a floor level within five feet of #curb level# fronting on a #wide street# shall be limited to non-#residential uses# except for Type

1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum

Width of Certain Uses).

Non-#residential use# shall have a depth of at least 15 feet from the #street wall#. Such minimum depth requirement may be

reduced, however, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns

associated with upper #stories# of the #building#. No more than 8,000 square feet shall be devoted to Use Group 6B within

#stories# that have a floor level within five feet of #curb level#.

The provisions of Section 32-512 (For corner lots) shall not apply.

The provisions of this Section shall not apply within Community Board 7, Borough of Manhattan.

32-432 - Ground floor use in Community Board 7, Borough of Manhattan

LAST AMENDED

3/22/2016

Within the boundaries of Community Board 7 in the Borough of Manhattan, when a #development#, #enlargement# or change

of #use# is located in an R10 equivalent #Commercial District#, #uses# within #stories# that have a floor level within five feet of

#curb level# fronting on a #wide street# shall be limited to non-#residential uses#, except for Type 1 lobbies, and entryways to

subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).

32-433 - Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island

LAST AMENDED

3/22/2016

C1 C2 C4

In all C1, C2 and C4 Districts in the Borough of Staten Island, ground floor #uses# shall conform with the provisions of this

Section.

(a) Ground floor level #use# requirements

(1) Along #primary street frontages#

For #buildings#, or portions thereof, with #primary street frontage#, as defined in Section 37-311, #uses# on the

ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for

Certain Uses), shall be limited to non-#residential uses# except for Type 1 lobbies, and entrances and exits to

#accessory# parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum

Width of Certain Uses). Any #accessory# off-street parking spaces located on the ground floor level shall be

wrapped by #floor area# in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and

Screening Requirements).

(2) Along #secondary street frontages#

For #buildings#, or portions thereof, with #secondary street frontage#, as defined in Section 37-311, all #uses#

permitted by the underlying district shall be permitted on the ground floor level, provided that any #accessory#

off-street parking spaces located on the ground floor level shall be wrapped or screened in accordance with the

provisions of Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than two feet above nor lower than two

feet below the as-built level of the adjoining #street#.

(b) #Non-conforming buildings#

#Buildings# containing #non-conforming residential uses# on the ground floor shall be permitted to #enlarge# without

regard to the #use# regulations of this Section, provided that such #enlargement# complies with the provisions of the

#residential yard# regulations set forth in Section 23-40.

32-434 - Ground floor use in C4-5D and C6-3D Districts and in certain C2 Districts

LAST AMENDED

3/22/2016

C4-5D C6-3D

In the districts indicated and in C2 Districts mapped within R7D or R9D Districts, #uses# within #stories# that have a floor

level within five feet of #curb level# shall be limited to non-#residential uses# which shall extend along the entire width of the

#building#, except for Type 1 lobbies, entrances and exits to #accessory# off-street parking facilities, and entryways to subway

stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). Such non-#residential

uses# comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

Enclosed parking spaces, or parking spaces within a #building#, including such spaces #accessory# to #residences#, shall be

permitted to occupy #stories# that have a floor level within five feet of #curb level# provided they comply with the provisions of

Section 37-35 (Parking Wrap and Screening Requirements). Loading berths serving any permitted #use# in the #building# may

occupy up to 40 feet of such #street# frontage and, if such #building# fronts on both a #wide street# and a #narrow street#, such

loading berth shall be located only on a #narrow street#.

In C4-5D and C6-3D Districts, and in C2 Districts mapped within R7D or R9D Districts, each ground floor level #street wall#

in a #building developed# or #enlarged# on the ground floor level shall comply with the glazing provisions set forth in Section

37-34 (Minimum Transparency Requirements).

32-435 - Ground floor use in high density Commercial Districts

LAST AMENDED

3/22/2016

The regulations of this Section shall apply to any #development# occupied by #predominantly residential use#, constructed after

April 21, 1977, located on any #zoning lot# within C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or

C6-8 Districts, or C1 or C2 Districts mapped within R9 or R10 Districts. However, this Section shall not apply within any

Special Purpose District nor shall it apply to any #Quality Housing building#, except as otherwise set forth herein.

An application to the Department of Buildings for a permit respecting any #development# shall include a plan and an elevation

drawn to a scale of at least one-sixteenth inch to a foot of the new #building# and #buildings# on #contiguous lots# or

#contiguous blocks# showing #signs#, other than #advertising signs#, #arcades#, #street wall# articulation, curb cuts, #street#

trees, sidewalk paving, central refuse storage area and such other necessary information as may be required by the Commissioner

of Buildings.

(a) Definitions

For the purposes of this Section, the following definitions shall be applicable.

Contiguous block

For the purposes of this Section, inclusive, a “contiguous block” is a #block# containing one or more #zoning lots#

separated by a #narrow street# from the #block# containing the #development#.

Contiguous lot

For the purposes of this Section, inclusive, a “contiguous lot” is a #zoning lot# which shares a common #side lot line#

with the #zoning lot# of the #development#.

Development

For the purposes of this Section, inclusive, in addition to the definition of #development# in Section 12-10

(DEFINITIONS), “development” shall also include an #enlargement# involving an increase in #lot coverage#.

Predominantly residential use

For the purposes of this Section, inclusive, a “predominantly residential use” means a #building# having a #residential

floor area# in excess of 50 percent of the total #building floor area#.

(b) Applicability of Article II, Chapter 6

In C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or C6-8 Districts, or C1 or C2 Districts

mapped within R9 or R10 Districts, the regulations of Article II, Chapter 6 (Special Urban Design Guidelines), shall

apply to any #development# occupied by #predominantly residential use#, except as modified by the provisions of this

Section. The purpose of these modifications is to make the regulations of Article II, Chapter 6, applicable to

#Commercial Districts#.

(c) Retail Continuity

For #buildings# with front #building# walls that are at least 50 feet in width and front upon a #wide street#, a minimum

of 50 percent of the width of such front #building# wall shall be occupied at the ground floor level by #commercial

uses#, as permitted by district regulations.

In C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts mapped within R9 or R10 Districts, #uses# which

occupy such 50 percent of the front #building# wall shall be limited to those listed in Use Groups 6A, 6C and 6F,

excluding banks and loan offices, except that in C4-6 Districts only, such #uses# may additionally include those listed in

Use Groups 8A, 8B and 10A. All #uses# permitted by the underlying district regulations are permitted in the remaining

50 percent of the front #building# wall.

Such requirement of #commercial uses# for a minimum of 50 percent of the front #building# wall may be waived, or

additional #uses# permitted, upon certification by the City Planning Commission to the Commissioner of Buildings

that an adequate supply of such #uses# already exists at the ground floor level in the surrounding area.

The Commission may require that an application for such certification of additional #uses# for a completed #building#,

where #floor area# has been designated for occupancy for such #commercial uses#, establish that a good faith effort has

been made to secure tenancy by such #uses#.

(d) Ground floor transparency and articulation

When any #building# wall which is five feet or more in height adjoins a sidewalk, a #public plaza# or an #arcade#,

ground floor level transparency shall be provided in accordance with the provisions of Section 37-34 (Minimum

Transparency Requirements).

In addition, any portion of such #building# wall, 50 feet or more in width, which contains no transparent element

between #curb level# and 12 feet above #curb level# or the ceiling of the ground floor, whichever is higher, or to its full

height if such wall is less than 12 feet in height, shall be covered with ivy or similar planting or contain artwork or be

treated so as to provide visual relief. Plants shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a

minimum width of 24 inches. If artwork is being used, approval by the New York City Design Commission shall be

obtained prior to the certificate of occupancy being issued for the #development#.

(e) Sign regulations

In addition to the applicable district regulations in C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts

mapped within R9 or R10 Districts, all #signs#, other than #advertising signs# and window #signs#, shall be located in a

horizontal band not higher than three feet, the base of which is located not higher than 17 feet above #curb level#.

Where there is a grade change of at least 1.5 feet in 100 along the portion of the #street# upon which the #development#

fronts, such signage band may be staggered along such #street#.

When a #building# on a #contiguous lot# or #contiguous block# contains #accessory# business #signs# within a

coordinated horizontal band along its #street# frontage, the signage strip along the #development# shall be located at the

same elevation as the adjacent band, but in no event higher than 17 feet above #curb level#. Where coordinated

horizontal bands exist on two #contiguous lots# or #contiguous blocks# on both sides of the #development#, the

signage strip shall be located at the same elevation as one adjacent band, or between the elevations of the two. For the

purpose of this Section, the elevation is measured from the #curb level# to the base of the signage strip.

The City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications of the

requirements of this Section. Such modifications will be permitted when the Commission finds that such modifications will

enhance the design quality of the #street wall#.

32-44 - Air Space Over a Railroad or Transit Right-of-way or Yard

LAST AMENDED

2/22/1990

32-441 - Definitions

LAST AMENDED

6/23/2005

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section or in Section 98-01.

32-442 - Use of railroad or transit air space

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6 C7 C8

(a) In all districts, as indicated, #railroad or transit air space# may be #developed# or used only for a permitted #use

accessory# to the railroad or transit right-of-way or yard, a #use# permitted by the City Planning Commission as set

forth in Section 74-681 (Development within or over a railroad or transit right-of-way or yard), or a railroad passenger

station permitted by the Commission as set forth in Section 74-62 (Railroad Passenger Stations) unless the right-of-way

or yard or portion thereof is no longer required for railroad or transit #use# as set forth in paragraph (b) of this Section.

If any #building or other structure# constructed in such #railroad or transit air space# in accordance with the provisions

of Section 74-681 is #enlarged# or replaced by a new #building or other structure#, the provisions of this Section shall

apply to such #enlargement# or replacement.

However, any #use# legally established in such #railroad or transit air space# in accordance with the provisions of

Section 74-681 may be changed to another #use# listed in a permitted Use Group and no additional special permit from

the Commission shall be required for such change of #use#.

Any #building or other structure# within or over a railroad or transit right-of-way or yard, which #building or other

structure# was completed prior to September 27, 1962, or constructed in accordance with the applicable provisions of

Sections 11-31 to 11-34, inclusive, prior to December 5, 1991, may be #enlarged# or replaced in accordance with the

applicable district regulations without any requirement for a special permit from the Commission. Ownership of rights

permitting the #enlargement# or replacement of such a #building or other structure# shall be deemed to be equivalent to

ownership of a #zoning lot# or portion thereof, provided that such #enlargement# or replacement will be on one

#block# and the rights are in single ownership and recorded prior to February 22, 1990. Such ownership of rights shall

be deemed to include alternative arrangements specified in the #zoning lot# definition in Section 12-10

(DEFINITIONS).

#Enlargement# or replacement utilizing these ownership rights shall be deemed to be constructed upon the equivalent of

a #zoning lot#.

(b) When the #use# of a railroad or transit right-of-way or yard or portion thereof has been permanently discontinued or

terminated and a #large-scale residential# or #community facility development# or a #large-scale general development#

requiring one or more special permits is proposed, no #use# or #development# of the property shall be allowed until the

Commission has authorized the size and configuration of all #zoning lots# on such property. As a condition for such

authorization, the Commission shall find that:

(1) the proposed #zoning lots#, indicated by a map describing the boundaries of the total area of each lot, are not

excessively large, elongated or irregular in shape and that no #development# on any #zoning lot# would result in

the potential for an excessive concentration of #bulk# that would be incompatible with allowable

#developments# on adjoining property; and

(2) each resulting #zoning lot# has direct access to one or more #streets#.

No subsequent alteration in size or configuration of any #zoning lot# approved by the Commission shall be permitted

unless authorized by the Commission. The Commission may prescribe appropriate conditions and safeguards to

minimize adverse effects of such #zoning lot# designation on the character of the surrounding area. Such conditions

shall be set forth in a written Declaration of Restrictions covering all tracts of land, or in separate written Declarations of

Restrictions covering parts of such tracts of land and which in the aggregate cover the entire tract of land comprising the

#zoning lot#, which is executed and recorded as specified in the definition of #zoning lot# in Section 12-10

(DEFINITIONS).

Prior to granting any #zoning lot# authorization relating to such right-of-way or yard, the Commission shall request the

Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City

of New York to indicate within 30 days whether said agencies have any plan to use such property or portion thereof for a

railroad or transit #use#.

(c) Notwithstanding the above, the #High Line#, as defined in Section 98-01, shall be governed by the provisions of Section

98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard).

32-50 - SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES

LAST AMENDED

12/15/1961

32-51 - Limitations on Business Entrances, Show Windows or Signs

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the location of primary business entrances, #show windows# or #signs# shall be subject to the

provisions of this Section.

For the purposes of this Section, a lot of record or a group of contiguous lots of record held in single ownership or control at

December 15, 1961, or any applicable amendment thereto shall be considered a single #zoning lot#, regardless of any subsequent

subdivision.

For the purposes of this Section, a #corner lot# shall include the entire #zoning lot# notwithstanding the 100 foot limitation in

the definition of #corner lots# in Section 12-10 (DEFINITIONS). All other #zoning lots# shall be considered #zoning lots# with

single frontage.

The provisions of this Section shall not apply to:

(a) vehicular entrances or exits for permitted drive-in #uses# or automotive service establishments or for permitted or

required #accessory# off-street parking spaces or loading berths;

(b) service entrances, or other entrances less than 3 feet, 6 inches in width;

(c) windows other than #show windows#; or

(d) ventilators, fire escapes or other appurtenances required by law.

32-511 - For zoning lots with single frontage

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for #zoning lots# with single frontage, no primary business entrance, #show window# or #sign# shall

be located on that portion of the #street# frontage within a distance of 20 feet from frontage on the same side of the #street# in a

#Residence District#.

However, where the #street# frontage of such #zoning lot# or portion thereof within the #Commercial District# is less than 30

feet in length, the minimum distance shall be reduced to 10 feet. For #zoning lots# with a frontage of more than 30 feet, an

application may be made to the Board of Standards and Appeals to reduce such minimum distance to 10 feet, as provided in

Section 73-50 (Special Provisions Applying Along District Boundaries).

32-512 - For corner lots

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no primary business entrance, #show window#, or #sign# shall be located on that portion of the

#street# frontage of a #corner lot# within 75 feet of frontage on the same side of the #street# in a #Residence District#.

However, primary business entrances, #show windows# or #signs# may be located on frontage less than 75 feet, but not less

than 20 feet, from a #Residence District# boundary:

(a) if the total length of the #block# face containing such frontage is less than 220 feet;

(b) if such frontage adjoins frontage on a #corner lot# in a #Residence District#; or

(c) if such frontage is separated from frontage in the #Residence District# by one or more #zoning lots# with single frontage.

32-52 - Exceptions for Integrated Developments Divided by District Boundaries

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, primary business entrances, #show windows# or #signs# may be located on any frontage within a

#Commercial District#, if the Commissioner of Buildings finds that the #zoning lot# on which the business entrance, #show

window# or #sign# is to be located:

(a) is divided by a boundary between the #Commercial District# and a #Residence District#; or

(b) is currently in the same ownership as adjoining property located in a #Residence District# and no #building# in the

#Residence District# exists, or will in the future be erected, within a distance of 75 feet from the #Commercial District#,

as evidenced by deed restrictions filed in an office of record binding the owner and the owner’s heirs and assigns.

32-60 - SIGN REGULATIONS

LAST AMENDED

12/15/1961

32-61 - Definitions

LAST AMENDED

11/19/1987

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

32-62 - Permitted Signs

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, #signs# other than #advertising signs# are permitted subject to the provisions of the following

Sections:

Section 32-64 (Surface Area and Illumination Provisions)

Section 32-65 (Permitted Projection or Height of Signs)

Section 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67 (Special Provisions Applying along District Boundaries)

Section 32-68 (Permitted Signs on Residential or Mixed Buildings)

Section 32-69 (Additional Sign Regulations for Adult Establishments)

However, notwithstanding any provision of this Section, flags, banners or pennants other than those that are #advertising

signs#, located on any #zoning lot# used primarily for #community facility uses# of a civic, philanthropic, educational or

religious nature, are permitted in all districts, as indicated, without limitation.

32-63 - Permitted Advertising Signs

LAST AMENDED

2/2/2011

C6-5 C6-7 C7 C8

In the districts indicated, #advertising signs# are permitted subject to the applicable provisions of the following Sections:

Section 32-64 (Surface Area and Illumination Provisions)

Section 32-65 (Permitted Projection or Height of Signs)

Section 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67 (Special Provisions Applying along District Boundaries)

Section 32-68 (Permitted Signs on Residential or Mixed Buildings).

32-64 - Surface Area and Illumination Provisions

LAST AMENDED

2/27/2001

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted #signs# shall be subject to the restrictions on #surface area# and illumination as set

forth in this Section, provided that the following #signs# shall be exempted from such restrictions on #surface area#:

#Illuminated# non-#flashing signs# other than #advertising signs# located in a window within a #building#, with a total

#surface area# not exceeding eight square feet on any #zoning lot# and limited to not more than three such #signs# in

any window.

For the purpose of determining permitted #surface area# of #signs# for #zoning lots# occupied by more than one establishment,

any portion of such #zoning lot# occupied by a #building# or part of a #building# accommodating one or more establishments

on the ground floor may be considered as a separate #zoning lot#.

No #illuminated sign# shall have a degree or method of illumination which exceeds standards established by the Department of

Buildings by rule pursuant to the City Administrative Procedure Act. Such standards shall ensure that illumination on any

#illuminated sign# does not project or reflect on #residences#, #loft dwellings# or #joint living-work quarters for artists# so as to

interfere with the reasonable use and enjoyment thereof. Nothing herein shall be construed to authorize a #sign with indirect

illumination# to arrange an external artificial source of illumination so that direct rays of light are projected from such artificial

source into #residences#, #loft dwellings# or #joint living-work quarters for artists#.

32-641 - Total surface area of signs

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the total #surface area# of all permitted #signs#, including non-#illuminated# or #illuminated signs#,

shall not exceed the limitation established for non-#illuminated signs#, as set forth in Section 32-642.

32-642 - Non-illuminated signs

LAST AMENDED

1/20/1965

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, non-#illuminated signs# with total #surface areas# not exceeding those shown in the following table

are permitted:

District Maximum Surface Area

C3 50 square feet

C1 C2 Three times the #street# frontage of the

#zoning lot# (in feet), but in no event more

than 150 sq. ft. for #interior# or #through

lots# or 150 sq. ft. on each frontage for

#corner lots#.

C5-1 C5-2 C5-3 C5-5 Three times the #street# frontage of the




#corner lots#.

C4 C5-4 C6-1 C6-2 C6-3

C6-4 C6-6 C6-8 C6-9

Five times the #street# frontage of the




#corner lots#.

C8 Six times the #street# frontage of the


than 750 sq. ft. for each #sign#.

C6-5 C6-7 C7 No restrictions as to size

32-643 - Illuminated non-flashing signs

LAST AMENDED

12/15/1961

C1 C2

In the districts indicated, #illuminated# non-#flashing signs# are permitted with a total #surface area# (in square feet) not

exceeding three times the #street# frontage of the #zoning lot# in feet, but in no event shall the total #surface area# exceed 50

square feet for #interior# or #through lots# or 50 square feet on each frontage for #corner lots#.

32-644 - Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts

LAST AMENDED

6/21/1973

C4 C5-4 C6 C7

In the districts indicated, #illuminated# or #flashing signs# with total #surface areas# not exceeding those shown in the

following table are permitted:

District Maximum Surface Area

(in square feet)

C4 C5-4

C6-1 C6-2 C6-3 C6-4

C6-6 C6-8 C6-9

Five times the #street# frontage of the


than 500 square feet for #interior# or

#through lots# or 500 square feet on each

frontage for #corner lots#.

C6-5 C6-7 C7 No restrictions as to size

However, in a C6-1A District, #flashing signs# are not permitted.

32-645 - Illuminated or flashing signs in C8 Districts

LAST AMENDED

4/8/1998

C8

In the district indicated, #illuminated# or #flashing signs#, other than #advertising signs#, and #advertising signs# with indirect

illumination, are permitted, provided that the total #surface area# of all such #signs# (in square feet) shall not exceed five times

the #street# frontage of the #zoning lot# (in feet) and that the #surface area# of each #sign# shall not exceed 500 square feet.

32-65 - Permitted Projection or Height of Signs

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted #signs# are subject to the applicable regulations of this Section.

32-651 - Permitted projection in C6-5, C6-7 or C7 Districts

LAST AMENDED

4/8/1998

C6-5 C6-7 C7

In the districts indicated, except as otherwise provided in Section 32-653 (Additional regulations for projecting signs), no

permitted #sign# shall project across a #street line# more than eight feet.

32-652 - Permitted projection in all other Commercial Districts

LAST AMENDED

4/8/1998

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, except as otherwise provided in Section 32-653 (Additional regulations for projecting signs), no

permitted #sign# shall project across a #street line# more than 18 inches for double- or multi-faceted #signs# or 12 inches for all

other #signs#.

32-653 - Additional regulations for projecting signs

LAST AMENDED

2/27/2001

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, permitted #signs# other than #advertising signs# may be displayed as follows:

(a) Non-#illuminated signs# may be displayed on awnings or canopies permitted by the Administrative Code, with a #surface

area# not exceeding 12 square feet and with the height of letters not exceeding 12 inches. Any commercial copy on such

#signs# shall be limited to identification of the name or address of the #building# or an establishment contained therein.

(b) #Signs# may be displayed on marquees permitted by the Administrative Code, provided that no such #sign# in a district

other than a C6-5, C6-7 or C7 District shall project more than 48 inches above nor more than 12 inches below such

marquee.

32-654 - Height of signs in C8 Districts

LAST AMENDED

12/15/1961

C8

In the district indicated, permitted #signs# shall not extend to a height greater than 40 feet above #curb level#, provided that

non-#illuminated signs# or #signs with indirect illumination# may extend to a maximum height of 58 feet.

32-655 - Height of signs in all other Commercial Districts

LAST AMENDED

1/20/1965

C1 C2 C3 C4 C5 C6 C7

In the districts indicated, no permitted #sign# shall extend above #curb level# at a height greater than the following:

Districts Maximum Height

(in feet)

C1 C2 C3

C5-1 C5-2 C5-3 C5-5

25

C4 C5-4 C6-1 C6-2 C6-3 C6-4

C6-6 C6-8 C6-9

40

C6-5 C6-7 C7 No restriction as to height

32-656 - Height of signs above roof

LAST AMENDED

1/20/1965

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no #sign# displayed from the wall of a #building or other structure# shall extend above the parapet

wall or roof of such #building or other structure#, except that a vertical #sign#, the horizontal width of which, parallel to the

wall, does not exceed 28 inches, may extend no higher than 15 feet above the roof level.

32-657 - Roof signs

LAST AMENDED

4/8/1965

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no #signs# shall be permitted on the roof of any #building#.

32-66 - Additional Regulations for Signs Near Certain Parks and Designated Arterial

Highways

LAST AMENDED

2/27/2001

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted #signs# are subject to the applicable regulations of this Section.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial

Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City

Planning Commission as arterial highways to which the provisions of this Section shall apply.

32-661 - Additional regulations for signs other than advertising signs

LAST AMENDED

2/27/2001

C6-5 C6-7 C7 C8

In the districts indicated, and within 200 feet of an arterial highway or a #public park# with an area of one-half acre or more, no

permitted #sign# that is within view of such arterial highway or #public park# shall exceed 500 square feet of #surface area#.

Beyond 200 feet from such arterial highway or #public park#, the surface area of such #signs# may be increased one square foot

for each linear foot such #sign# is located from the arterial highway or #public park#.

Upon application, these requirements shall be waived, provided that the Chairperson of the City Planning Commission certifies

that:

(a) such waiver is limited to a single, non-#flashing sign# that is located on a #zoning lot# not less than one and one-half

acres; and

(b) all other permitted #signs# located on such #zoning lot# that are subject to the provisions of this Section conform with

all the #sign# regulations applicable in C1 Districts.

32-662 - Additional regulations for advertising signs

LAST AMENDED

2/27/2001

C6-5 C6-7 C7 C8

In all districts, as indicated, no #advertising sign# shall be located, nor shall an existing #advertising sign# be structurally altered,

relocated or reconstructed within 200 feet of an arterial highway or of a #public park# with an area of one half acre or more, if

such #advertising sign# is within view of such arterial highway or #public park#. For the purposes of this Section, arterial

highways shall include all highways which are shown on the Master Plan of Arterial Highways and Major Streets, as "principal

routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to

which the provisions of this Section shall apply. Beyond 200 feet from such arterial highway or #public park#, an #advertising

sign# shall be located at a distance of at least as many linear feet therefrom as there are square feet of #surface area# on the face of

such #sign#. However, in all districts as indicated, the more restrictive of the following shall apply:

(1) Any #advertising sign# erected, structurally altered, relocated or reconstructed prior to June 1, 1968, within 660 feet of

the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, shall

have legal #non-conforming use# status pursuant to Section 52-83, to the extent of its size existing on May 31, 1968.

(2) Any #advertising sign# erected, structurally altered, relocated or reconstructed between June 1, 1968 and November 1,

1979, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such

arterial highway, and whose size does not exceed 1,200 square feet in #surface area# on its face, 30 feet in height, and 60

feet in length, shall have legal #non-conforming use# status pursuant to Section 52-83, to the extent of its size existing on

November 1, 1979. All #advertising signs# not in conformance with the standards set forth herein shall terminate.

32-663 - Advertising signs on waterways

LAST AMENDED

2/27/2001

No moving or stationary #advertising sign# shall be displayed on a vessel plying waterways adjacent to #Commercial Districts#

and within view from an arterial highway. For the purposes of this Section, arterial highways shall include all highways that are

shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings" and that

have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

For the purposes of this Section, #advertising sign# is a #sign# that directs attention to a profession, business, commodity,

service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not #accessory# to a

#use# on such vessel.

32-67 - Special Provisions Applying Along District Boundaries

LAST AMENDED

4/8/1998

C2 C3 C4 C5 C6 C7 C8

In the districts indicated, and within 100 feet of the #street line# of any #street# or portion thereof in which the boundary of an

adjoining #Residence District# is located, or which adjoins a #public park# of one-half acre or more, no #advertising sign# that

faces at an angle of less than 165 degrees away from such #Residence District# or park boundary shall be permitted and all other

#signs# facing at less than such an angle shall conform with all the #sign# regulations applicable in C1 Districts as set forth in

Sections 32-62 through 32-68, inclusive, relating to Sign Regulations.

32-68 - Permitted Signs on Residential or Mixed Buildings

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, any #use# listed in Use Group 1 or 2 shall conform to the #sign# regulations for #Residence Districts#

set forth in Sections 22-32 through 22-34. In #residential# or #mixed buildings#, #residential sign# regulations shall apply to the

#residential# portion.

Where non-#residential uses# are permitted to occupy two floors of the #building#, all #signs accessory# to non-#residential

uses# located on the second floor shall be non-#illuminated signs#, and shall be located below the level of the finished floor of

the third #story#.

32-69 - Additional Sign Regulations for Adult Establishments

LAST AMENDED

4/8/1998

C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C7 C8

#Signs#, other than #advertising signs#, for #adult establishments# are permitted only as set forth in this Section and are limited

to locations in the districts indicated.

All permitted #signs#, other than #advertising signs#, for #adult establishments# shall conform with all the #sign# regulations

applicable in C1 Districts as set forth in this Chapter, except that the provisions of Section 32-64 (Surface Area and Illumination

Provisions) shall not apply. In lieu thereof, the maximum #surface area# of all #signs#, other than #advertising signs#, for #adult

establishments# shall not exceed, in the aggregate, three times the #street# frontage of the #zoning lot#, but in no event more

than 150 square feet per establishment, of which no more than 50 square feet may be #illuminated# non-#flashing signs#.






Chapter 3 - Bulk Regulations for Commercial or

Community Facility Buildings in Commercial

Districts


Chapter 3 - Bulk Regulations for Commercial or Community Facility Buildings

in Commercial Districts

33-00 - APPLICABILITY, DEFINITIONS AND GENERAL PROVISIONS

LAST AMENDED

12/15/1961

33-01 - Applicability of This Chapter

LAST AMENDED

10/10/2013

The #bulk# regulations of this Chapter apply to #commercial buildings#, #community facility buildings# or #buildings# used

partly for #commercial use# and partly for #community facility use#, on any #zoning lot# or portion of a #zoning lot# located in

any #Commercial District#, including all #developments# or #enlargements#. As used in this Chapter, the term "any #building#"

shall therefore not include a #residential building# or a #mixed building#, the #bulk# regulations for which are set forth in

Article III, Chapter 4, and Article III, Chapter 5, respectively. In addition, the #bulk# regulations of this Chapter, or of specified

sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

Existing #buildings or other structures# that do not comply with one or more of the applicable #bulk# regulations are #non-

complying buildings or other structures# and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying to #large-scale residential developments# or #community facility uses# in #large-scale residential

developments# are set forth in Article VII, Chapter 8 and special regulations applying to #large-scale community facility

developments# are set forth in Article VII, Chapter 9.

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Sections 33-12, paragraph (c), 33-

13, paragraph (b) and 33-15, paragraph (a).


Districts 1 and 2, the #conversion# of non-#residential floor area#, to #residences# in #buildings# erected prior to December 15,

1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within

Existing Buildings), unless such #conversions# meet the requirements for #residential development# of Article II (Residence

District Regulations).



33-011 - Quality Housing Program

LAST AMENDED

3/22/2016

The applicability of the Quality Housing Program to #commercial buildings#, #community facility buildings# or #buildings#

used partly for #commercial use# and partly for #community facility use# is set forth in this Section.

In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-

9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A,

C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all #buildings# shall comply with the applicable height and

setback regulations for #Quality Housing buildings# set forth in Article III, Chapter 5. Special regulations are set forth for

#buildings# containing #long-term care facilities# or philanthropic or non-profit institutions with sleeping accommodations in

Section 33-012 (Special provisions for certain community facility uses).

33-012 - Special provisions for certain community facility uses

LAST AMENDED

3/22/2016

The provisions of this Section shall apply to #buildings# containing #long-term care facilities# or philanthropic or non-profit

institutions with sleeping accommodations, as listed in Use Group 3.

(a) #Buildings# containing #long-term care facilities#

(1) #Commercial Districts# with a residential equivalent of an R1 or R2 District

In C1 or C2 Districts mapped within R1 or R2 Districts, where a #long-term care facility# is permitted

pursuant to Section 74-901, the #bulk# regulations of this Chapter shall apply. The maximum #floor area ratio#

for such #long-term care facilities# shall not exceed the applicable #floor area ratio# of paragraph (b) of Section

33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City

Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and

certain Commercial Districts).

(2) #Commercial Districts# with a residential equivalent of an R3 through R5 District

In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number

suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the #bulk# regulations of Article II,

Chapter 3 applicable to #affordable independent residences for seniors#, inclusive, shall apply to #buildings#, or

portions thereof, containing #long-term care facilities#, except as follows:

(i) the #lot coverage# provisions of Section 23-144 shall not apply;

(ii) the minimum size of #dwelling unit# provisions of Section 23-23 shall not apply;

(iii) the #yard# regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;

(iv) in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height

and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and

(v) in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2)

of Section 23-631 shall be modified so that the height of a #building# containing #long-term care

facilities# may be increased to 55 feet beyond 25 feet of the #street line# on any #zoning lot#.

In all such Districts, the Commission may permit the #bulk# regulations of this Chapter to apply pursuant to

the special permit in Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain

Commercial Districts).

The #Residence District# within which such #Commercial Districts# are mapped, or the applicable residential

equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or

in C3, C4, C5 or C6 Districts) shall be used to determine the applicable #residential bulk# regulations of Article

II, Chapter 3.

In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in

C3A Districts, the #bulk# regulations of this Chapter shall apply to #community facility buildings#, or the

#community facility# portion of a #building# containing #long term care facilities#, as applicable. The

maximum #floor area ratio# for such #long-term care facilities# shall not exceed the applicable #floor area ratio#

of paragraph (d) or (e) of Section 33-121, as applicable, except as permitted by the Commission pursuant to

Section 74-903.


In C1 or C2 Districts mapped within R6 through R10 Districts, or in #Commercial Districts# with a residential

equivalent of an R6 through R10 District, the #bulk# regulations of Article II, Chapter 3, applicable to

#affordable independent residences for seniors#, inclusive, shall apply to #buildings#, or portions thereof,

containing #long-term care facilities#, except as follows:

(i) in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in

#Commercial Districts# with a residential equivalent of an R6A District or an R6 District without a

letter suffix, the maximum #floor area ratio# for #long-term care facilities# shall be 3.6;

(ii) in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, or in



(iii) the minimum size of #dwelling unit# provisions of Section 23-23 shall not apply;

(iv) the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear

yard equivalents for certain affordable independent residences for seniors); and

(v) the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall

be modified by Section 35-65.




II, Chapter 3.

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in #Commercial

Districts# with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission

may permit the #bulk# regulations of this Chapter to apply to such #long-term care facilities# pursuant to the

special permit in Section 74-903.

(4) Applicability of #affordable independent residences for seniors bulk# provisions

Where #buildings# containing #long-term care facilities# are required to utilize the #bulk# provisions applicable

to #affordable independent residences for seniors#, such #uses# shall be considered #residential# for the purpose

of applying such provisions, and the term #dwelling unit# shall include #dwelling units# and #rooming units#,

as set forth in the Housing Maintenance Code.

(b) #Buildings# containing philanthropic or non-profit institutions with sleeping accommodations

The provisions of this Chapter apply to #buildings#, or portions thereof, containing philanthropic or non-profit

institutions with sleeping accommodations. In addition, the following special #bulk# provisions apply:


In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum #floor area ratio# for a #building#

that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the #floor

area ratio# set forth in paragraph (b) of Section 33-121, except as permitted by the Commission pursuant to

Section 74-902.


In C1 or C2 Districts mapped within R3 through R9 Districts, the maximum #floor area ratio# for a #building#

that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the #floor

area ratio# set forth in paragraphs (d) or (e) of Section 33-121, except as permitted by the Commission pursuant

to Section 74-903.

In other #Commercial Districts# with a residential equivalent of R3 through R9 Districts, the maximum #floor

area ratio# for a #building# that contains a philanthropic or non-profit institution with sleeping

accommodations shall not exceed the #floor area ratio# set forth in paragraphs (a) and (b) of Section 33-123

(Community facility buildings or buildings used for both community facility and commercial uses in all other

Commercial Districts), as applicable, except as permitted by the Commission pursuant to Section 74-903.

In C1 or C2 Districts mapped within R10 Districts or in #Commercial Districts# with a residential equivalent

of an R10 District, the maximum #floor area ratio# for a #building# that contains a philanthropic or non-profit

institution with sleeping accommodations shall not exceed the #floor area ratio# set forth in the tables of

Sections 33-121 or 33-123, as applicable.

In R6 through R10 Districts without a letter suffix, the height and setback regulations for #Quality Housing

buildings# set forth in Article II, Chapter 3, may be applied. However, the provisions of Section 23-66 are

modified by Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).

(c) Applicability of Quality Housing Program elements

For all #buildings# containing #long-term care facilities# that utilize the #bulk# regulations for #affordable independent

residences for seniors# in Article II, Chapter 3, as modified by Section 35-65, and for #buildings# containing

philanthropic or non-profit institutions with sleeping accommodations that utilize the height and setback regulations

for #Quality Housing buildings# in Section 35-65, the Quality Housing Program, and the associated mandatory and

optional program elements, shall apply to such #uses#, as modified by paragraph (d) of Section 28-01 (Applicability of

this Chapter).

33-02 - Definitions

LAST AMENDED

11/19/1987

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

33-03 - Street Tree Planting in Commercial Districts

LAST AMENDED

9/7/2017

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the following shall provide #street# trees in accordance with Section 26-41 (Street Tree Planting):

(a) #developments#, or #enlargements# that increase the #floor area# on a #zoning lot# by 20 percent or more. However,

#street# trees shall not be required for #enlargements# of #single-# or #two-family residences#, except as provided in

paragraphs (b) and (c) of this Section;

(b) #enlargements# of #single-# or #two-family residences# by 20 percent or more within the following special purpose

districts:

#Special Bay Ridge District#;

#Special Bay Street Corridor District#;

#Special Clinton District#;

#Special Downtown Brooklyn District#;

#Special Downtown Far Rockaway District#;

#Special Downtown Jamaica District#;

#Special East Harlem Corridors District#;

#Special Grand Concourse District#;

#Special Hillsides Preservation District#;

#Special Hudson Yards District#;

#Special Little Italy District#;

#Special Long Island City Mixed Use District#;

#Special Ocean Parkway District#;

#Special South Richmond Development District#;

(c) #enlargements#, pursuant to the Quality Housing Program, of #single-# or #two-family residences# by 20 percent or

more;

(d) #conversions# of 20 percent or more of the #floor area# of a #building# to a #residential use#; or

(e) construction of a detached garage that is 400 square feet or greater.

The #street# frontage used to calculate the number of required trees may exclude the #street# frontage occupied by curb cuts

serving #uses# listed in Use Groups 16B, 16C and 16D.

33-04 - Lower Density Growth Management Areas

LAST AMENDED

1/18/2011

For areas designated as #lower density growth management areas#, pursuant to Section 12-10 (DEFINITIONS), the underlying

district regulations shall apply. Such regulations are superseded or supplemented as set forth in the following Sections:

Section 11-45 (Authorizations or Permits in Lower Density Growth Management Areas)

Section 12-10 (DEFINITIONS - Floor area; Lower density growth management area; Private road)

Section 22-14 (Use Group 4 – Ambulatory diagnostic or treatment health care facilities)

Section 32-11 (Use Groups 1 and 2)

Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island)

Section 33-121 (In districts with bulk governed by Residence District bulk regulations)

Section 33-431 (In C1 or C2 Districts with bulk governed by surrounding Residence District)

Section 36-21 (General Provisions)

Section 36-231 (In districts with high, medium or low parking requirements)

Section 36-27 (Waiver for Certain Small Zoning Lots)

Section 36-521 (Size of spaces)

Section 36-581 (Special parking regulations for certain community facility uses in the Borough of Staten Island and

Community District 10 in the Borough of the Bronx)

Section 37-10 (APPLICABILITY OF ARTICLE II, CHAPTER 6, TO LOTS WITH PRIVATE ROADS)

Section 37-20 (SPECIAL REGULATIONS FOR LOWER DENSITY GROWTH MANAGEMENT AREAS IN THE

BOROUGH OF STATEN ISLAND); inclusive

Section 73-125 (Ambulatory diagnostic or treatment health care facilities)

Section 107-412 (Special bulk regulations for certain community facility uses in lower density growth management areas)

Section 107-42 (Minimum Lot Area and Lot Width for Residences)

Section 107-464 (Side yards for permitted non-residential use)

Section 107-62 (Yard, Court and Parking Regulations)

Section 119-05 (Applicability of Parking Location Regulations)

Section 119-214 (Tier II requirements for driveways and private roads)

Section 128-052 (Applicability of Article I, Chapter 2)

33-10 - FLOOR AREA REGULATIONS

LAST AMENDED

12/15/1961

33-11 - Definitions

LAST AMENDED

11/19/1987


33-12 - Maximum Floor Area Ratio

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for any #zoning lot#, the maximum #floor area ratio# shall not exceed the #floor area ratio# set forth

in this Section, except as otherwise provided in the following Sections:

Section 33-13 (Floor Area Bonus for a Public Plaza)

Section 33-14 (Floor Area Bonus for Arcades)

Section 33-15 (Floor Area Bonus for Front Yards)

Section 33-16 (Special Provisions for Zoning Lots Divided by District Boundaries)

Any given #lot area# shall be counted only once in determining the #floor area ratio#.

Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to

each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot# less any

shared #floor area#.

Except where authorized by express provisions of this Resolution, the maximum #floor area ratio# shall not exceed the amount

set forth in this Section by more than 20 percent.

In addition, the following limitations on maximum permitted #floor area# shall apply:

C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A

(a) In contextual Commercial Districts

In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no

#floor area# bonuses are permitted.

(b) In Community Board 7, Borough of Manhattan

Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent #Commercial Districts# without a

letter suffix, the maximum #floor area ratio# shall not exceed 10.0.

(c) In C6-1A Districts

In C6-1A Districts, the maximum #floor area ratio# shall not exceed the amount set forth in this Section by more than

50 percent.

(d) In C6-4X Districts

In C6-4X Districts, a #floor area# bonus shall only be permitted for a #public plaza# pursuant to Section 33-13.

33-121 - In districts with bulk governed by Residence District bulk regulations

LAST AMENDED

3/22/2016

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for a #zoning lot# containing a #commercial# or #community facility use#, the maximum #floor area

ratio# is determined by the #Residence District# within which such #Commercial District# is mapped and shall not exceed the

maximum #floor area ratio# set forth in the following table:

MAXIMUM FLOOR AREA RATIO

District Column A

For #Zoning Lots#

Containing only

#Commercial Use#

Column B

For #Zoning Lots#

Containing only

#Community Facility

Use#

Column C

For #Zoning Lots#

Containing both

#Commercial# and

#Community Facility

Uses#

R1 R2 1.00 0.50 1.00

R3-1 R3A

R3X

1.00 1.00 1.00

R3-2 1.00 1.60 1.60

R4 R5 1.00 2.00 2.00

R5D R6B 2.00 2.00 2.00

R6A R7B 2.00 3.00 3.00

R7A R8B 2.00 4.00* 4.00

R7D 2.00 4.20 4.20

R6 R7-1 2.00 4.80 4.80

R7X 2.00 5.00 5.00

R7-2 R8 R8A 2.00 6.50 6.50

R8X 2.00 6.00 6.00

R9 2.00 10.00 10.00

R9A 2.00 7.50 7.50

R9D 2.00 9.00 9.00

R9X 2.00 9.00 9.00

R10 2.00 10.00 10.00

________

* In R8B Districts, within the boundaries of Community District 8 in the Borough of Manhattan, the maximum #floor

area ratio# on a #zoning lot# containing #community facility use# exclusively shall not exceed 5.10

In addition, the following provisions shall apply:

(a) For #zoning lots# containing both #commercial uses# and #community facility uses#, the total #floor area# used for

#commercial uses# shall not exceed the amount permitted for #zoning lots# containing only #commercial uses# set forth

in Column A.

(b) In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum #floor area ratio# for #community facility

uses# on a #zoning lot# containing both #commercial uses# and #community facility uses# is 0.50 unless it is increased

pursuant to the special permit provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and

certain Commercial Districts.)

(c) In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in

Community District 10 in the Borough of the Bronx, the maximum #floor area ratio# for any #zoning lot# containing a

#building# used for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or

child care services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS) shall be 1.2.

(d) In C1 and C2 Districts mapped within R3, R4, R5, R6, R7, R8 and R9 Districts, for any #zoning lot# containing

philanthropic or non-profit institutions with sleeping accommodations, or in C1 and C2 Districts mapped within R3-1,

R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, for any #zoning lot# containing #long-term care facilities#,

the total #floor area# for all such #community facility uses# shall not exceed the amount as set forth in paragraph (b) of

Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for #Quality Housing buildings#, as

set forth in Section 23-153, unless modified pursuant to Section 74-903.

(e) The maximum #floor area ratio# for any #zoning lot# used partly for #commercial uses# and partly for #long-term care

facilities# in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, or

philanthropic or non-profit institutions with sleeping accommodations in C1 or C2 Districts mapped within R3

through R9 Districts, shall not exceed the amount permitted for a #zoning lot# containing #commercial uses# as set

forth for the applicable #Residence District# within which such #Commercial District# is mapped in Column A.

However, for the districts in which the allowable #floor area ratio#, as set forth in paragraph (b) of Section 24-111 or,

for #Quality Housing buildings#, as set forth in Section 23-153, exceeds the amount permitted for a #zoning lot#

containing #commercial uses#, as set forth in Column A, the provisions of paragraph (b) of Section 24-111 or Section

23-153, as applicable, shall be used to compute the maximum #floor area# permissible for the #zoning lot# unless

modified pursuant to Section 74-903.

33-122 - Commercial buildings in all other Commercial Districts

LAST AMENDED

10/11/2012

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the maximum #floor area ratio# for a #zoning lot# containing only #commercial uses# shall not exceed

the #floor area ratio# set forth in the following table:

Districts Maximum #Floor

Area Ratio#

C3 0.50

C4-1 C8-1 1.00

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C7

C8-2 C8-3

2.00

C4-2A C4-3A 3.00

C4-2 C4-2F C4-3 C4-4 C4-4D C4-5 C4-6 3.40

C4-4A C4-4L C4-5A C4-5X C5-1 4.00

C4-5D 4.20

C8-4 5.00

C6-1 C6-2 C6-3 6.00

C6-3D 9.00

C4-7 C5-2 C5-4 C6-4 C6-5 C6-8 10.00

C5-3 C5-5 C6-6 C6-7 C6-9 15.00

33-123 - Community facility buildings or buildings used for both community facility and

commercial uses in all other Commercial Districts

LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8

In the districts indicated, the maximum #floor area ratio# for a #zoning lot# containing #community facility uses#, or for a

#zoning lot# containing both #commercial# and #community facility uses#, shall not exceed the #floor area ratio# set forth in

the following table:

Districts Maximum #Floor Area

Ratio#

C3 1.00

C4-1 2.00

C8-1 2.40

C4-2A C4-3A 3.00

C1-6A C2-6A C4-4A C4-4L C4-5A 4.00

C4-5D 4.20

C4-2 C4-3 C8-2 4.80

C4-5X 5.00

C6-1A 6.00

C1-6 C1-7 C2-6 C4-2F C4-4 C4-4D C4-5 C6-

1 C6-2 C8-3 C8-4

6.50

C1-8A C2-7A C6-3A 7.50

C1-8X C2-7X C6-3D C6-3X 9.00

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5-1 C5-2

C5-4 C6-3 C6-4 C6-5 C6-8

10.00

C5-3 C5-5 C6-6 C6-7 C6-9 15.00

For #zoning lots# containing both #commercial uses# and #community facility uses#, the total #floor area# used for

#commercial uses# shall not exceed the amount permitted for #zoning lots# containing only #commercial uses# in Section 33-

122.

In addition, the following provisions shall apply:

(a) In all #Commercial Districts# except C8 Districts, or districts with a residential equivalent of an R10 District, for any

#zoning lot# containing philanthropic or non-profit institutions with sleeping accommodations, the total #floor area#

used for such #community facility use# shall not exceed the amount as set forth in paragraph (b) of Section 24-111

(Maximum floor area ratio for certain community facility uses) or, for #Quality Housing buildings#, as set forth in

Section 23-153, applying the equivalent #Residence District# (indicated in Section 34-112) for the #Commercial

District# in which such #use# is located, unless modified pursuant to Section 74-903 (Certain community facility uses in

R3 to R9 Districts and certain Commercial Districts).

(b) The maximum #floor area ratio# for any #zoning lot# used partly for #commercial use# and partly for philanthropic or

non-profit institutions with sleeping accommodations in #Commercial Districts# other than C8 Districts, or

#Commercial Districts# with a residential equivalent of an R10 District, shall not exceed the amount permitted for a

#zoning lot# containing #commercial uses# by the applicable district regulations. However, for the districts in which the

allowable #floor area ratio#, as set forth in paragraph (b) of Section 24-111 or, for #Quality Housing buildings#, as set

forth in Section 23-153, exceeds the amount permitted for a #zoning lot# containing #commercial uses#, the provisions

of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum #floor area#

permissible for the #zoning lot# unless modified pursuant to Section 74-903.

33-124 - Existing public amenities for which floor area bonuses have been received

LAST AMENDED

10/17/2007

(a) Elimination or reduction in size of non-bonused open area on a #zoning lot# containing a bonused amenity

In all districts, any existing open area for which a #floor area# bonus has not been utilized that occupies the same

#zoning lot# as an existing #publicly accessible open area# or other public amenity, open or enclosed, for which a #floor

area# bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the

City Planning Commission that all bonused amenities comply with the standards under which such #floor area# bonus

was granted.

(b) Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing #publicly accessible open area# for which a #floor area# bonus

has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c) Nighttime closing of existing public open areas

In all #Commercial Districts#, the City Planning Commission may, upon application, authorize the closing during

certain nighttime hours of an existing #publicly accessible open area# for which a #floor area# bonus has been received,

pursuant to Section 37-727 (Hours of access).

(d) Elimination or reduction in size of existing public amenities

In all #Commercial Districts#, no existing #publicly accessible open area# or other public amenity, open or enclosed, for

which a #floor area# bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City

Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

33-13 - Floor Area Bonus for a Public Plaza

LAST AMENDED

2/2/2011

C1-8 C1-9 C2-7 C2-8

(a) #Zoning lots# containing #community facility uses#

In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, for #zoning lots#

containing #community facility uses#, for each square foot of #public plaza# provided in accordance with Section 37-70,

inclusive, the total #floor area# permitted on that #zoning lot# under the provisions of Section 33-12 (Maximum Floor

Area Ratio) for a #zoning lot# containing only #community facility uses# or both #commercial# and #community

facility uses#, may be increased by six square feet.

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

(b) #Zoning lots# containing only #commercial uses#

In the districts indicated, for #zoning lots# containing only #commercial uses#, for each square foot of #public plaza#

provided in accordance with Section 37-70, inclusive, the total #floor area# permitted on that #zoning lot# under the

provisions of Section 33-12 for a #commercial use# may be increased as set forth in the following table:

Districts Permitted Additional Square Feet

of #Floor Area# per Square Foot

of #Public Plaza#

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-7 C5-2 C5-4

C6-1A C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2 C6-3 4 square feet

C4-6 C4-7 C5-1 C5-2 C5-3 C5-4 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

(c) #Zoning lots# containing #community facility uses# or both #commercial# and #community facility uses#

In the districts indicated, for #zoning lots# containing only #community facility uses# or both #commercial# and

#community facility uses#, for each square foot of #public plaza# provided in accordance with Section 37-70, inclusive,

the total #floor area# permitted on that #zoning lot# under the provisions of Section 33-12 may be increased as set forth

in the following table:

Districts Permitted Additional Square Feet

of #Floor Area# per Square Foot

of #Public Plaza#

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-6 C4-7

C5-1 C5-2 C5-4 C6-3

C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2 4 square feet

33-14 - Floor Area Bonus for Arcades

LAST AMENDED

2/2/2011

C4-7 C5-2 C5-3 C5-4 C5-5 C6

(a) In the districts indicated, for #zoning lots# containing #commercial uses#, for each square foot of #arcade# provided on a

#zoning lot# in accordance with the provisions of Section 37-80 (ARCADES), the total #floor area# permitted on that

#zoning lot# under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a #zoning lot# containing only

#commercial uses# may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts Permitted Additional Square Feet of

#Floor Area# per Square Foot of

#Arcade#

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1A

C6-4 C6-5 C6-6

C6-7 C6-8 C6-9

3 square feet

C6-1 C6-2 C6-3 2 square feet

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6

(b) In the districts indicated, and in C1 or C2 Districts when mapped within an R9 or R10 District, for #zoning lots#

containing #community facility uses#, for each square foot of #arcade# provided on a #zoning lot# in accordance with

the provisions of Section 37-80, the total #floor area# permitted on that #zoning lot# under the provisions of Section 33-

12 for a #zoning lot# containing only #community facility uses# or both #commercial# and #community facility uses#

may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts Permitted Additional Square

Feet of #Floor Area# per Square

Foot of #Arcade#

C1 or C2 when mapped within R9

or R10

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7

C5 C6-3 C6-4 C6-5 C6-6 C6-7

C6-8 C6-9

3 square feet

C6-1 C6-2 2 square feet

33-15 - Floor Area Bonus for Front Yards

LAST AMENDED

10/17/2007

33-151 - In districts with bulk governed by Residence District bulk regulations

LAST AMENDED

2/2/2011

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R1, R2, R3, R4 or R5 District, except R5D Districts, on any #zoning lot# on

which there are provided #yards# as set forth in this Section, the maximum #floor area ratio# set forth in Section 33-12

(Maximum Floor Area Ratio) for a #zoning lot# containing only #community facility uses# or both #commercial# and

#community facility uses#, may be increased to the #floor area ratio# set forth in the following table provided that:

(a) on #interior lots#, a #front yard# not less than 30 feet in depth is provided;

(b) on #corner lots#, two #front yards#, each not less than 20 feet in depth, are provided; or

(c) on #through lots#, a #front yard# not less than 30 feet in depth is provided along each #front lot line#.

MAXIMUM FLOOR AREA RATIO

Districts Maximum #Floor Area Ratio#

Within R1, R2, R3-1, R3A or R3X

Districts

1.60

Within R4 or R5 Districts 2.40

33-152 - In certain other Commercial Districts

LAST AMENDED

10/17/2007

C3 C4-1

In the districts indicated, the provisions set forth in Section 33-151 shall also apply as set forth in the following table:

Districts Maximum #Floor Area Ratio#

C3 1.60

C4-1 2.40

Regulations Applying to Special Situations

33-16 - Special Provisions for Zoning Lots Divided by District Boundaries

LAST AMENDED

10/17/2007

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations

resulting in different maximum #floor area ratios# on portions of the #zoning lot#, the provisions set forth in Article VII,

Chapter 7, shall apply.

33-20 - YARD REGULATIONS

LAST AMENDED

12/15/1961

Definitions and General Provisions

33-21 - Definitions

LAST AMENDED

11/19/1987


33-22 - Level of Yards

LAST AMENDED

12/15/1961

In all #Commercial Districts#, the level of a #yard# or of a #rear yard equivalent# shall not be higher than #curb level#. However,

this Section shall not be construed to require that natural grade level be disturbed in order to comply with this requirement.

No #building or other structure# shall be erected above ground level in any required #yard# or #rear yard equivalent# except as

otherwise provided in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

33-23 - Permitted Obstructions in Required Yards or Rear Yard Equivalents

LAST AMENDED

3/22/2016

In all #Commercial Districts#, the following obstructions shall be permitted when located within a required #yard# or #rear yard

equivalent#:

(a) In any #yard# or #rear yard equivalent#:

(1) Arbors or trellises;

(2) Awnings and other sun control devices, provided that when located at a level higher than the first #story#,

excluding a #basement#, all such awnings and other sun control devices:

(i) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches; and

(ii) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the

#building# wall (as viewed in elevation) from which they project;

(3) Canopies;

(4) Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required

#yard# or #rear yard equivalent#;

(5) Eaves, gutters or downspouts, projecting into such #yard# or #rear yard equivalent# not more than 16 inches or

20 percent of the width of such #yard# or #rear yard equivalent#, whichever is the lesser distance;

(6) Exterior wall thickness, where such wall thickness is added to the exterior face of a #building# wall existing on

April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and

is limited to one inch of thickness for every foot of existing #yard# width, up to a maximum thickness of eight

inches. When an open area is provided along a common #lot line#, then such exterior wall thickness is limited to

one inch for every foot of existing open area on the #zoning lot#;

Where #buildings# that have added exterior wall thickness pursuant to this Section are #enlarged#, such

#enlarged# portion may similarly encroach upon required #yards# in order to align with the exterior walls of the

existing #building#, provided such #enlargement# contains less #floor area# than the existing #building#, and

there is no encroachment of #floor area# into a required #yard#;

(7) Fences;

(8) Flagpoles;

(9) Parking spaces for automobiles or bicycles, off-street, open, #accessory#;

(10) Solar energy systems on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no

more than 20 percent of the surface area of the #building# wall (as viewed in elevation) from which it projects;

(11) Steps, and ramps for people with disabilities;

(12) Terraces or porches, open;

(13) Walls, not exceeding eight feet in height and not roofed or part of a #building#.

(b) In any #rear yard# or #rear yard equivalent#:

(1) Balconies, unenclosed, subject to the provisions of Section 24-166;

(2) Breezeways;

(3) Any #building# or portion of a #building# used for any permitted #use# other than #residences#, except that any

portion of a #building# containing rooms used for living or sleeping purposes (other than a room in a hospital

used for the care or treatment of patients) shall not be a permitted obstruction, and provided that the height of

such #building# shall not exceed one #story#, excluding #basement#, nor in any event 23 feet above #curb level#.

In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, pursuant to Section 33-42

(Permitted Obstructions), shall be permitted above such a #building#, or portion thereof;

(4) Fire escapes;

(5) Parking spaces for automobiles or bicycles, off-street, #accessory#, provided that the height of an #accessory

building# used for such purposes and located in a required #rear yard# or #rear yard equivalent# shall not exceed

23 feet above #curb level#. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs,

as set forth in Section 33-42, shall be permitted above such an #accessory building#, or portion thereof;

(6) Solar energy systems:

(i) on the roof of a #building# permitted as an obstruction to such #yard#, up to four feet in height as

measured perpendicular to the roof surface when located above a permitted #commercial# or

#community facility use# or attached parking structure;

(ii) on the roof of a #building# permitted as an obstruction to such #yard#, shall be limited to 18 inches in

height as measured perpendicular to the roof surface when located above a shed or detached parking

structure, or on any roof with a slope greater than 20 degrees;

(iii) on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20

percent of the surface area of the #building# wall (as viewed in elevation) from which it projects;

(7) Water-conserving devices required in connection with air conditioning or refrigeration systems in #buildings#

existing prior to May 20, 1966, if located not less than eight feet from any #lot line#.

However, no portion of a #rear yard equivalent# that is also a required #front yard# or required #side yard# may contain any

obstructions not permitted in such #front yard# or #side yard#.

33-24 - Measurement of Yard Width or Depth

LAST AMENDED

12/15/1961

In all #Commercial Districts#, the width or depth of a #yard# or #rear yard equivalent# shall be measured perpendicular to #lot

lines#.

33-25 - Minimum Required Side Yards

LAST AMENDED

4/30/2012

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no #side yards# are required. However, if an open area extending along a #side lot line# is provided at

any level, it shall be either:

(a) at least eight feet wide at every point; or

(b) at least five feet wide at every point, with an average width of eight feet, such average being the mean of the width of the

open area at its narrowest point and its width at its widest point, provided that:

(1) such widest point shall be on a #street line#;

(2) no portion of a #building# shall project beyond a straight line connecting such two points; and

(3) in the case of a #zoning lot# bounded by a #side lot line# extending from #street# to #street#, such average shall

be computed and such open area shall be provided as though each half of such #side lot line# bounded a separate

#zoning lot#.

Permitted obstructions pursuant to paragraph (a) of Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard

Equivalents), shall be permitted in such open areas.

33-26 - Minimum Required Rear Yards

LAST AMENDED

4/30/2008

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a #rear yard# with a depth of not less than 20 feet shall be provided at every #rear lot line# on any

#zoning lot# except as otherwise provided in Sections 33-27 (Special Provisions for Shallow Interior Lots), 33-28 (Special

Provisions for Through Lots) or 33-30 (OTHER SPECIAL PROVISIONS FOR REAR YARDS). #Rear yards# shall also be

provided along portions of #side lot lines# as set forth in Section 33-261 (Beyond one hundred feet of a street line).

33-261 - Beyond one hundred feet of a street line

LAST AMENDED

4/30/2008

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for #corner lots#, and for #zoning lots# that are bounded by two or more #streets# that are neither

#corner lots# or #through lots#, the portion of a #side lot line# beyond 100 feet of the #street line# that it intersects shall be

considered a #rear lot line# and a #rear yard# with a minimum depth of 20 feet shall be provided where such #rear lot line#

coincides with a #rear lot line# of an adjoining #zoning lot#.

CORNER LOT

(33-261.1, 43-261.1)

ZONING LOT BOUNDED BY TWO OR MORE STREETS (NEITHER A CORNER LOT NOR A THROUGH LOT)

(33-261.2, 43-261.1)

Regulations Applying to Special Situations

33-27 - Special Provisions for Shallow Interior Lots

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, if an #interior lot# consists entirely of a tract of land:

(a) which was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on

the date of application for a building permit; and

(b) which is less than 70 feet deep;

the depth of a required #rear yard# for such #interior lot# may be reduced by one foot for each two feet by which the maximum

depth of such #interior lot# is less than 70 feet. No #rear yard# is required on any #interior lot# with a maximum depth of 50

feet or less.

33-28 - Special Provisions for Through Lots

LAST AMENDED

4/30/2008

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the regulations of this Section shall apply to all #through lots#. In the case of a #zoning lot#

occupying an entire #block#, no #rear yard# or #rear yard equivalent# shall be required.

33-281 - Excepted districts

LAST AMENDED

4/30/2008

C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-4

In the districts indicated, no #rear yard# regulations shall apply to any #through lot#, except as otherwise provided in Section

33-303 (For zoning lots with multiple rear lot lines).

33-282 - Excepted through lots

LAST AMENDED

12/15/1961

C1 C2 C3 C4-1 C7 C8-1 C8-2 C8-3

In the districts indicated, no #rear yard# regulations shall apply to any #through lots# which extend less than 110 feet in

maximum depth from #street# to #street#.

33-283 - Required rear yard equivalents

LAST AMENDED

9/30/2009

C1 C2 C3 C4-1 C7 C8-1 C8-2 C8-3

In the districts indicated, on any #through lot# 110 feet or more in maximum depth from #street# to #street#, one of the

following #rear yard equivalents# shall be provided:

(a) an open area with a minimum depth of 40 feet midway (or within five feet of being midway) between the two #street

lines# upon which such #through lot# fronts. In C1-6A, C1-7A, C1-8X, C1-9A, C2-6A, C2-7X, C2-8A and in C1 and

C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X or R10

Districts, a #rear yard equivalent# shall be provided only as set forth in this paragraph; or

(b) two open areas, each adjoining and extending along the full length of the #street line#, and each with a minimum depth

of 20 feet measured from such #street line#; except that in C1 or C2 Districts the depth of such required open area along

one #street line# may be decreased provided that a corresponding increase of the depth of the open area along the other

#street line# is made; or

(c) an open area adjoining and extending along the full length of each #side lot line#, with a minimum width of 20 feet

measured from each such #side lot line#.

Any such #rear yard equivalent# shall be unobstructed from its lowest level to the sky, except as provided in Section 33-23

(Permitted Obstructions in Required Yards or Rear Yard Equivalents).

33-29 - Special Provisions Applying along District Boundaries

LAST AMENDED

2/8/1962

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, open areas shall be provided in accordance with the provisions of this Section along the boundaries

of #Residence Districts# except where such district boundaries are also the boundaries of railroad rights-of-way or cemeteries.

33-291 - Required yards along district boundary coincident with side lot line of zoning lot

in an R1, R2, R3, R4 or R5 District

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, along such portion of the boundary of a #Commercial District# that coincides with a #side lot line#

of a #zoning lot# in an R1, R2, R3, R4 or R5 District an open area not higher than #curb level# shall be provided within the

#Commercial District# with at least the width or depth set forth in the following table. Such an open area shall not be used for

#accessory# off-street loading, or for storage or processing of any kind.

Districts Required Width or Depth of

#Yard# (in feet)

C1 C2 C3 C4 C5 C6 C7 8

C8 15

REQUIRED YARD ALONG DISTRICT BOUNDARY COINCIDENT WITH SIDE LOT LINES

(33 - 291)

33-292 - Required yards along district boundary coincident with rear lot lines of two

adjoining zoning lots

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, along such portion of the #rear lot line# of a #zoning lot# in a #Commercial District# which

coincides with a #rear lot line# of a #zoning lot# in an adjoining #Residence District#, an open area at a level not higher than

indicated in the following table, shall be provided along such boundary and within the #Commercial District#. Such an open

area shall not be used for storage or processing of any kind.

REQUIRED DEPTH OF YARD

Districts Maximum Level of #Yard# Depth

(in feet)

C1 C2 C3 C4 C5

C6 C7

23 feet above #curb level# 30

C8 #Curb level# 30

REQUIRED YARD ALONG DISTRICT BOUNDARIES COINCIDENT WITH REAR LOT LINES

(33 - 292)

33-293 - Required yards along district boundary coincident with side lot line of zoning lot

in a Commercial District

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, along such portion of a #side lot line# of a #zoning lot# in a #Commercial District# that coincides

with a #rear lot line# of a #zoning lot# in an adjoining #Residence District#, an open area at #curb level# of at least the width set

forth in the following table shall be provided along such boundary within the #Commercial District#. Such an open area shall

not be used for #accessory# off-street loading, or for storage or processing of any kind.

Districts Required Width of #Yard# (in feet)

C1 C2 C3 C4 C5 C6 C7 8

C8 15

REQUIRED YARD ALONG DISTRICT BOUNDARIES

(33 - 293)

33-30 - OTHER SPECIAL PROVISIONS FOR REAR YARDS

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the #rear yard# requirements set forth in Section 33-26 (Minimum Required Rear Yards) shall be

modified as set forth in this Section.

33-301 - Within one hundred feet of corners

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no #rear yard# shall be required within 100 feet of the point of intersection of two #street lines#

intersecting at an angle of 135 degrees or less.

33-302 - Along short dimension of block

LAST AMENDED

5/20/1965

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #front lot line# of a #zoning lot# coincides with all or part of a #street line# measuring

less than 230 feet in length between two intersecting #streets#, no #rear yard# shall be required within 100 feet of such #front lot

line#.

33-303 - For zoning lots with multiple rear lot lines

LAST AMENDED

4/30/2008

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for #zoning lots# with multiple #rear lot lines#, if a #rear yard# extends from a #rear lot line# away

from the #street line# which is used to determine such #rear lot line#, the following rules shall apply:

(a) A #rear yard# with a minimum depth of 20 feet shall be provided where such #rear lot line# coincides with a #rear lot

line# of an adjoining #zoning lot#.

(33-303a)

(b) No #rear yard# shall be required where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.

(c) For portions of #through lots# that have multiple #rear lot lines# and such portions are not subject to #interior lot#

regulations, the #street line# bounding the #zoning lot# closest to such #rear lot line# shall be used to determine

compliance with this Section.

(33-303c)


LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts with different #yard#

regulations, the provisions set forth in Article VII, Chapter 7 shall apply.

33-32 - Modifications of Yard Regulations

LAST AMENDED

4/30/2008

C5-5 C6-8 C6-9

(a) In the districts indicated, the regulations set forth in Sections 33-26 through 33-30, inclusive, relating to #rear yard#

regulations, may be modified in accordance with the provisions of Section 73-68 (Height and Setback and Yard

Modifications).

C1 C2 C3 C4 C5 C6 C7 C8

(b) In all districts, the regulations set forth in Section 33-303 (For zoning lots with multiple rear lot lines) may be modified in

accordance with the provisions of Section 73-69 (Rear Yard Modifications).

33-40 - HEIGHT AND SETBACK REGULATIONS

LAST AMENDED

3/22/2016

All #buildings# in #Commercial Districts# shall comply with the height and setback regulations set forth in this Section,

inclusive. However, the height and setback regulations of this Section, inclusive, shall not apply in C1 and C2 Districts mapped

within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-

8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D,

C6-3X, C6-4A or C6-4X Districts. In lieu thereof, all #buildings# in such districts shall comply with the applicable #residential#

height and setback regulations for #Quality Housing buildings# set forth in Article II, Chapter 3, as modified by Article III,

Chapter 5.

33-41 - Definitions

LAST AMENDED

11/19/1987


33-42 - Permitted Obstructions

LAST AMENDED

4/30/2012

In all #Commercial Districts#, the following obstructions shall be permitted and may thus penetrate a maximum height limit or

#sky exposure planes#, as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks), 33-44 (Alternate Front

Setbacks) or 33-491 (Limited Height Districts):

(a) Awnings and other sun control devices, provided that when located at a level higher than the first #story#, excluding a

#basement#, all such awnings and other sun control devices:

(1) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches, except when located on the

first #story# above a setback;

(2) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the #building#

wall (as viewed in elevation) from which they project; and

(3) may rise above the permitted #building# height, up to the height of a parapet wall or guardrail permitted in

accordance with paragraph (j) of this Section.

When located on the first #story# above a setback, awnings and other sun control devices shall be limited to a projection

of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the

#building# wall from which they project;

(b) Balconies, unenclosed, subject to the provisions of Section 24-166;

(c) #Building# columns, having an aggregate width equal to not more than 20 percent of the #aggregate width of street

walls# of a #building#, to a depth not exceeding 12 inches, in an #initial setback distance#, optional front open area, or

any other required setback distance or open area set forth in Sections 33-43, 33-44 or 33-45 (Tower Regulations);

(d) Chimneys or flues, with a total width not exceeding 10 percent of the #aggregate width of street walls# of a #building# at

any given level;

(e) Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the

maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(f) Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a

roof), roof water tanks and #accessory# mechanical equipment (including enclosures), other than solar or wind energy

systems, provided that:

(1) such obstructions shall be located not less than 10 feet from the #street wall# of a #building#, except that such

obstructions need not be set back more than 25 feet from a #narrow street line# or more than 20 feet from a

#wide street line#. However, such restrictions on location shall not apply to elevator or stair bulkheads

(including shafts or vestibules), provided the #aggregate width of street walls# of such bulkheads within 10 feet

of a #street wall#, facing each #street# frontage, times their average height, in feet, does not exceed an area equal

to four times the width, in feet, of the #street wall# of the #building# facing such frontage;

(2) all mechanical equipment shall be screened on all sides;

(3) such obstructions and screening are contained within a volume that complies with one of the following:

(i) the product, in square feet, of the #aggregate width of street walls# of such obstructions facing each

#street# frontage, times their average height, shall not exceed an area equal to eight times the width, in

feet, of the #street wall# of the #building# facing such frontage; or

(ii) the #lot coverage# of all such obstructions does not exceed 20 percent of the #lot coverage# of the

#building#, and where the maximum permitted height of a #building# is less than 120 feet, such

obstructions are limited to a maximum height of 25 feet, and where the maximum permitted height of

a #building# is 120 feet or greater, such obstructions are limited to a maximum height of 40 feet.

For the purposes of this paragraph, (f), #abutting buildings# on a single #zoning lot# may be considered to be a single

#building#;

(g) Exterior wall thickness, up to eight inches, where such wall thickness is added to the exterior face of a #building# wall

existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch.

Where #buildings# that have added exterior wall thickness pursuant to this Section are #enlarged#, such #enlarged#

portion may similarly penetrate a maximum height limit in order to align with the exterior walls of the existing

#building#, provided such #enlargement# contains less #floor area# than the existing #building#, and there is no

penetration of #floor area# above a maximum height limit;

(h) Flagpoles or aerials;

(i) House of worship towers, ornamental, having no #floor area# in portion of tower penetrating such height limit or #sky

exposure plane#;

(j) Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the

roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an

opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet

of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction

on guardrail height shall not apply when located beyond two feet from a parapet wall;

(k) Roof thickness, up to eight inches, to accommodate the addition of insulation, for #buildings# or portions of #buildings#

constructed prior to April 30, 2012. For a #building# that has added roof thickness pursuant to this paragraph, an

#enlargement# may align with the finished roof surface of such #building#, provided the #enlarged# portion does not

exceed the maximum height limit by more than eight inches;

(l) Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(m) Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum

height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be

limited to a #lot coverage# not greater than 10 percent of the #lot coverage# of the roof and be located at least eight feet

from the #street wall# edge. However, such devices shall not be permitted obstructions above a roof with a slope greater

than 20 degrees;

(n) Solar energy systems:

(1) on the roof of a #building#, up to four feet in height, as measured from the maximum height limit, or the finished

level of the roof, whichever is higher;

(2) on the roof of a #building#, greater than four feet in height, as measured from the maximum height limit, or the

finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least

six feet from a #street wall#, limited to a #lot coverage# not greater than 25 percent of the #lot coverage# of the

roof and do not exceed:

(i) in #Commercial Districts# mapped within R1 through R5 Districts and in C3 and C4-1 Districts, a

height of six feet;

(ii) in all other #Commercial Districts# and #Commercial Districts# mapped within R6 through R10

Districts, a height of 15 feet; and

(iii) when located on a bulkhead or other obstruction pursuant to paragraph (f) of this Section, a height of

six feet;

(3) on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent

of the surface area of the #building# wall (as viewed in elevation) from which it projects.

However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as

measured perpendicular to the roof surface;

(o) Spires or belfries;

(p) Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height

limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater

than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

(q) Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as

measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is

higher;

(r) Wind energy systems on portions of #buildings# with a height of 100 feet or greater, provided that:

(1) the highest point of the wind turbine assembly does not exceed 55 feet;

(2) no portion of the wind turbine assembly is closer than 10 feet to any #lot line#; and

(3) in districts where new #residences# or new #joint living-work quarters for artists# are allowed as-of-right or by

special permit or authorization, or within 100 feet of such districts, the diameter of the swept area of the rotor

does not exceed 15 feet;

(s) Window washing equipment mounted on a roof;

(t) Wire, chain link or other transparent fences.

33-43 - Maximum Height of Walls and Required Setbacks

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, if the front wall or other portion of a #building or other structure# is located at the #street line# or

within the #initial setback distance# set forth in this Section, the height of such front wall or other portion of a #building or

other structure# shall not exceed the maximum height above #curb level# set forth in this Section. Above such specified

maximum height and beyond the #initial setback distance#, the #building or other structure# shall not penetrate the #sky

exposure plane# set forth in this Section. The regulations of this Section shall apply except as otherwise provided in Sections 33-

42 (Permitted Obstructions), 33-44 (Alternate Front Setbacks), 33-45 (Tower Regulations), 33-49 (Special Height Limitations),

inclusive, 74-85 (Special Height and Setback Regulations) or 85-04 (Modifications of Bulk Regulations).

33-431 - In C1 or C2 Districts with bulk governed by surrounding Residence District

LAST AMENDED

3/22/2016

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for #buildings# other than #Quality Housing buildings#, the maximum height of a front wall and the

required front setback of a #building or other structure# shall be determined by the #Residence District# within which such

#Commercial District# is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

#Initial Setback

Distance#

(in feet)

Maximum

Height of a

Front Wall

or other

portion of a

#Building or

Other

Structure#

within the

#Initial

Setback

Distance#

#Sky Exposure Plane#

Height

above the

#Street

Line# (in

feet)

Slope over #Zoning Lot# (Expressed as a Ratio of

Vertical Distance to Horizontal Distance)

On #Narrow Street# On #Wide Street#

On

#Narrow

Street#

On

#Wide

Street#

Vertical

Distance

Horizontal

Distance

Vertical

Distance

Horizontal

Distance

Within R1, R2, R3, R4, R5, R5A or R5B Districts

20 15 30 feet or

two

#stories#,

whichever is

less

30 1 to 1 1 to 1

Within R6 or R7 Districts

20 15 60 feet or

four

#stories#,

whichever is

less

60 2.7 to 1 5.6 to 1

Within R8, R9 or R10 Districts

20 15 85 feet or six

#stories#,

whichever is

less

85 2.7 to 1 5.6 to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), no #commercial building# or

portion thereof occupied by non-#residential uses# listed in Use Groups 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30

feet or two #stories#, whichever is less.

For #community facility buildings# or #buildings# used for both #community facility use# and #commercial use#, when mapped

within R4, R5, R5A or R5B Districts, the maximum height of a front wall shall be 35 feet or three #stories#, whichever is less,

and the height above #street line# shall be 35 feet and, when mapped within R7-2 Districts, the maximum height of a front wall

shall be 60 feet or six #stories#, whichever is less.

In C1 or C2 Districts mapped within R1, R2 or R3 Districts in the Borough of Staten Island or in Community District 10 in

the Bronx, for #buildings# containing ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use

Group 4), or child care services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), the maximum

height of a front wall or other portion of a #building# within the #initial setback distance# shall be 35 feet, or three #stories#,

whichever is less. However, such increased height shall only be permitted beyond 20 feet of a #Residence District# boundary or

beyond 20 feet of any portion of a #building# containing a #residential use# located in a #Commercial District#.


LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, for #buildings# other than #Quality Housing buildings#, the maximum height of a front wall and the

required front setback of a #building or other structure#, except as otherwise set forth in this Section, shall be as set forth in the

following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

#Initial Setback

Distance#

(in feet)

Maximum

Height of a

Front Wall

or other

portion of a

#Sky Exposure Plane#

Height

above the

#Street

Slope over #Zoning Lot# (Expressed as a Ratio of

Vertical Distance to Horizontal Distance)

#Building or

Other

Structure#

within the

#Initial

Setback

Distance#

Line# (in

feet) On #Narrow Street# On #Wide Street#

On

#Narrow

Street#

On

#Wide

Street#

Vertical

Distance

Horizontal

Distance

Vertical

Distance

Horizontal

Distance

Within C3 C4-1 C8-1 Districts

20 15 30 feet or

two

#stories#,

whichever is

less

30 1 to 1 1 to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

20 15 60 feet or

four

#stories#,

whichever is

less

60 2.7 to 1 5.6 to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

20 15 85 feet or six

#stories#,

whichever is

less

85 2.7 to 1 5.6 to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), in C1, C2 or C3 Districts, no

#commercial building#, or portion thereof, occupied by non-#residential uses# listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14

shall exceed in height 30 feet or two #stories#, whichever is less.

In C4-1 or C8-1 Districts, for #community facility buildings# or #buildings# used for both #community facility# and

#commercial use#, the maximum height of a front wall shall be 35 feet or three #stories#, whichever is less, and the height above

#street line# shall be 35 feet.

In C1-6, C2-6, C4-4 or C4-5 Districts, for #community facility buildings# or #buildings# used for both #community facility#

and #commercial use#, the maximum height of a front wall shall be 60 feet or six #stories#, whichever is less.

SKY EXPOSURE PLANE IN OTHER COMMERCIAL DISTRICTS

(23 - 632, 24 - 522, 33 - 432, 43 - 43)

33-433 - Special height and setback regulations

LAST AMENDED

3/22/2016

(a) Within the boundaries of Community District 7 in the Borough of Manhattan, all #buildings or other structures#

located in an R10 equivalent #Commercial Districts# without a letter suffix shall comply with the requirements of

Section 23-672 (Special height and setback regulations in R10 Districts within Community District7, Borough of

Manhattan).

(b) Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts

north of West 125th Street shall be #developed# or #enlarged# pursuant to Section 23-674 (Special height and setback

regulations for certain sites in Community District 9, Borough of Manhattan).

(c) In C1 or C2 Districts mapped within R5D Districts, all #buildings or other structures# shall comply with the applicable

height and setback requirements of Section 23-60.

33-44 - Alternate Front Setbacks

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6 C7 C8

In all districts as indicated, for #buildings# other than #Quality Housing buildings#, if an open area is provided along the full

length of the #front lot line# with the minimum depth set forth in this Section, the provisions of Section 33-43 (Maximum

Height of Walls and Required Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular

to the #front lot line#. However, in such instances, except as otherwise provided in Sections 33-42 (Permitted Obstructions), 33-

45 (Tower Regulations) or 85-04 (Modifications of Bulk Regulations), no #building or other structure# shall penetrate the

alternate #sky exposure plane# set forth in this Section, and the #sky exposure plane# shall be measured from a point above the

#street line#.

If the open area provided under the terms of this Section is a #public plaza#, such open area may be counted for the bonus

provided for a #public plaza# in the districts indicated in Section 33-13 (Floor Area Bonus for a Public Plaza).

33-441 - In C1 or C2 Districts with bulk governed by surrounding Residence District

LAST AMENDED

6/29/2006

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the alternate front setback regulations applicable to a #building or other structure# shall be determined

by the #Residence District# in which such #Commercial District# is mapped and, except as otherwise set forth in this Section,

shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional

Front Open Area

(in feet)

Alternate #Sky Exposure Plane#

Height

above

#Street

Line#

(in feet)

Slope over #Zoning Lot# (expressed as a ratio of vertical

distance to horizontal distance)


On

#Narrow

Street#

On

#Wide

Street#

Vertical

Distance

Horizontal

Distance

Vertical

Distance

Horizontal

Distance

Within R1, R2, R3, R4, R5, R5A or R5B Districts

15 10 30 1.4 to 1 1.4 to 1

Within R6 or R7 Districts

15 10 60 3.7 to 1 7.6 to 1

Within R8, R9 or R10 Districts

15 10 85 3.7 to 1 7.6 to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), no #commercial building#, or

portion thereof, occupied by non-#residential uses# listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30

feet or two #stories#, whichever is less.

For #community facility buildings# or #buildings# used for both #community facility use# and #commercial use#, when mapped

within R4, R5, R5A or R5B Districts, the height above #street line# shall be 35 feet.


LAST AMENDED

2/2/2011

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the alternate front setback regulations applicable to a #building or other structure# shall be as set forth

in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional

Front Open Area

(in feet)

Alternate #Sky Exposure Plane#

Height

above

#Street

Line#

(in feet)

Slope over #Zoning Lot# (Expressed as a Ratio of Vertical

Distance to Horizontal Distance)


On

#Narrow

Street#

On

#Wide

Street#

Vertical

Distance

Horizontal

Distance

Vertical

Distance

Horizontal

Distance

Within C3 C4-1 C8-1 Districts

15 10 30 1.4 to 1 1.4 to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

15 10 60 3.7 to 1 7.6 to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

15 10 85 3.7 to 1 7.6 to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), in C1, C2 or C3 Districts, no

#commercial building# or portion thereof occupied by #uses# listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in

height 30 feet or two #stories#, whichever is less.

In C4-1 or C8-1 Districts, for #community facility buildings# or #buildings# used for both #community facility use# and

#commercial use#, the maximum height above #street line# shall be 35 feet or three #stories#, whichever is less.

ALTERNATE SKY EXPOSURE PLANE

(23-64, 24-53, 33-442, 43-44)

Supplementary Regulations

33-45 - Tower Regulations

LAST AMENDED

12/15/1961

33-451 - In certain specified Commercial Districts

LAST AMENDED

3/22/2016

C4-7 C5-2 C5-3 C5-4 C5-5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

In the districts indicated, any #buildings# or portions thereof which in the aggregate occupy not more than 40 percent of the

#lot area# of a #zoning lot# or, for #zoning lots# of less than 20,000 square feet, the percent set forth in Section 33-454 (Towers

on small lots), may penetrate an established #sky exposure plane#. (Such #building# or portion thereof is hereinafter referred to

as a tower.) At any given level, except where the provisions set forth in Section 33-455 (Alternate regulations for towers on lots

bounded by two or more streets) or 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457

(Tower setbacks on narrow blocks) are applicable and where the option is taken to be governed by such provisions, such tower

may occupy any portion of the #zoning lot# not located less than 15 feet from the #street line# of a #narrow street#, or less than

10 feet from the #street line# of a #wide street#, provided that the aggregate area so occupied within 50 feet of a #narrow street#

shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a #wide street# shall not exceed 1,600

square feet.

If all of the #buildings# on a #zoning lot# containing such tower do not occupy at any level more than the maximum percent of

the #lot area# set forth in this Section or Section 33-454 for towers, the tower may occupy any portion of the #zoning lot#

located 20 feet or more from the #street line# of a #narrow street# or 15 feet or more from the #street line# of a #wide street#,

provided that the aggregate area so occupied within 50 feet of a #narrow street# shall not exceed 2,250 square feet and the

aggregate area so occupied within 40 feet of a #wide street# shall not exceed 2,000 square feet.

Unenclosed balconies, subject to the provisions of Section 24-166 (Balconies), are permitted to project into or over open areas

not occupied by towers.

33-452 - Community facility buildings in C1 or C2 Districts when mapped within R7-2, R8,

R9 or R10 Districts

LAST AMENDED

6/29/1994

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the provisions set forth in Section 33-451 (In

certain specified Commercial Districts) shall apply to any #community facility building#. If a #building# is used for both

#community facility# and #commercial uses#, no portion of such #building# occupied by #commercial use# shall penetrate the

#sky exposure plane# as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate

Front Setbacks).

33-453 - Community facility buildings in certain specified Commercial Districts

LAST AMENDED

6/29/1994

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C5-1 C6-1 C6-2 C6-3 C8-3 C8-4

In the districts indicated, the provisions set forth in Section 33-451 (In certain specified Commercial Districts) shall apply to any

#community facility building#. If a #building# is used for both #community facility# and #commercial uses#, no portion of such

#building# occupied by #commercial use# shall penetrate the #sky exposure plane# as set forth in Section 33-43 (Maximum

Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks).

33-454 - Towers on small lots

LAST AMENDED

12/15/1961

C1 C2 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In the districts indicated, a tower permitted under the provisions of Sections 33-451, 33-452 or 33-453 may occupy the percent

of the #lot area# of a #zoning lot# set forth in the following table:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of #Zoning Lot# (in

square feet)

Maximum Percent of #Lot

Coverage#

10,500 or less 50

10,501 to 11,500 49

11,501 to 12,500 48

12,501 to 13,500 47

13,501 to 14,500 46

14,501 to 15,500 45

15,501 to 16,500 44

16,501 to 17,500 43

17,501 to 18,500 42

18,501 to 19,999 41

33-455 - Alternate regulations for towers on lots bounded by two or more streets

LAST AMENDED

2/2/2011

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a #zoning lot# is bounded by at least two #street lines#, a tower may occupy the percent of the #lot

area# of a #zoning lot# set forth in this Section, provided that, except as otherwise set forth in Section 33-457 (Tower setbacks

on narrow blocks), all portions of any #building# or #buildings# on such #zoning lot#, including such tower, are set back from

#street lines# as required in this Section.

(a) The maximum percent of #lot area# that may be occupied by such tower, shall be the sum of 40 percent plus one-half of

one percent for every .10 by which the #floor area ratio# of such #zoning lot# is less than the #floor area ratio# permitted

under the provisions of Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-

14 (Floor Area Bonus for Arcades). The maximum #lot coverage# for any tower built under the provisions of this

Section or for any #building# or #buildings# on any #zoning lot# occupied by such tower shall be 55 percent of the #lot

area# of such #zoning lot#.

(b) At all levels, including ground level, such #building# shall be set back from the #street line# as follows:

(1) On #narrow streets#, by a distance equal to at least the fraction of the #aggregate width of street walls# of the

tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus

.0667 for every .10 by which the #floor area ratio# of such #building# is less than the #floor area ratio#

permitted under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less

than one-fifth, and provided further that such setback need not exceed 45 feet.

(2) On #wide streets#, by a distance equal to at least the fraction of the #aggregate width of street walls# of the

tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .10

for every .10 by which the #floor area ratio# of such #building# is less than the #floor area ratio# permitted

under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-

seventh, and provided further that such setback need not exceed 35 feet.

(c) If a #zoning lot# occupies an entire #block#, the maximum setback, set forth in paragraph (b) of this Section, of 45 feet on

each #narrow street# bounding the #zoning lot# may be reduced by one foot for every six feet of setback provided on a

#wide street# bounding the #zoning lot# in addition to the setbacks otherwise required for #wide streets# as set forth in

such paragraph, provided that no setback on a #narrow street# resulting from such reduction shall be less than 35 feet or

one-tenth the #aggregate width of street walls# of the tower, whichever shall require the greater setback.

(d) The additional setbacks on #wide streets# set forth in paragraph (c) of this Section may be provided entirely on one #wide

street# or divided in any proportion among any two #wide streets# bounding the #zoning lot#.

(e) Notwithstanding any other provision set forth in this Section, no #building# or portion of a #building# built under the

provisions of this Section shall be set back less than 25 feet from the #street line# on #narrow streets# or less than 15 feet

from the #street line# on #wide streets#.

33-456 - Alternate setback regulations on lots bounded by two or more streets

LAST AMENDED

2/2/2011

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, except as otherwise set forth in Section 33-457 (Tower setbacks on narrow blocks), if a #zoning lot# is

bounded by at least two #street lines#, a tower occupying not more than the percent of #lot area# set forth in Section 33-451 (In

certain specified Commercial Districts) or 33-454 (Towers on small lots), may be set back from a #street line# as follows:

(a) On #narrow streets#, by a distance equal to at least the fraction of the #aggregate width of street walls# of the tower, the

numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus .0333 for each .10 by

which the #floor area ratio# of the #zoning lot# is less than the #floor area ratio# permitted under the provisions of

Section 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-fifth, and provided further that such

setback need not exceed 45 feet.

(b) On #wide streets#, by a distance equal to at least the fraction of the #aggregate width of street walls# of the tower, the

numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .05 for each .10 by

which the #floor area ratio# of the #zoning lot# is less than the #floor area ratio# permitted under the provisions of

Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus

for Arcades), provided that such fraction shall be no less than one-seventh, and provided further that such setback need

not exceed 35 feet.

(c) Notwithstanding any other provisions set forth in this Section, no tower built under the provisions of this Section shall

be set back less than 25 feet from the #street line# on #narrow streets# or less than 15 feet from the #street line# on

#wide streets#.

33-457 - Tower setbacks on narrow blocks

LAST AMENDED

4/22/1965

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a #zoning lot# is bounded by at least three #street lines#, and any two of the #street lines# are

opposite to each other and parallel or within 45 degrees of being parallel to each other, and their average distance apart is 150

feet or less, the minimum distance a tower is required to be set back from such opposite #street lines# under the provisions of

Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or Section 33-456 (Alternate setback

regulations on lots bounded by two or more streets), is reduced in accordance with the following table:

TOWER SETBACKS ON NARROW BLOCKS

Reduction of

Required Tower

Setback

Minimum Setback for

Tower Built under

Provisions of this Section

On #narrow street# 30 percent or 10 feet,

whichever is less

15 feet

On #wide street# 40 percent or 10 feet,

whichever is less

10 feet

33-46 - Special Provisions for Zoning Lots Directly Adjoining Public Parks

LAST AMENDED

6/29/1994

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a #public park# with an area of between one and 15 acres shall be considered a #wide street# for the

purpose of applying the front height and setback regulations specified in Section 33-43 (Maximum Height of Walls and

Required Setbacks) to any #building or other structure# on a #zoning lot# adjoining such #public park#. However, this Section

shall not apply to a #public park# more than 75 percent of which is paved.

33-47 - Modification of Height and Setback Regulations

LAST AMENDED

12/15/1961

33-471 - Commercial and community facility uses

LAST AMENDED

1/20/1965

C5-5 C6-8 C6-9 C8

In the districts indicated, for #commercial# or #community facility uses# in specified situations, the Board of Standards and

Appeals may modify the regulations set forth in Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations,

in accordance with the provisions of Section 73-68 (Height and Setback and Yard Modifications).

33-472 - Community facility uses

LAST AMENDED

7/6/1972

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for certain #community facility uses# in specified situations, the Board of Standards and Appeals

may modify the regulations set forth in Sections 33-40 through 33-45, inclusive, relating to Height and Setback Regulations in

accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses). However, for #Quality Housing

buildings# utilizing the height and setback regulations of Article II, Chapter 3, as required by Section 33-40, the Board shall not

permit modification to the provisions of Sections 23-67 through 23-69, inclusive.


LAST AMENDED

8/14/1987

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts, or is subject to other regulations

resulting in different height and setback regulations, or whenever a #zoning lot# is divided by a boundary between a district to

which the provisions of Section 33-45 (Tower Regulations) apply and a district to which such provisions do not apply, the

provisions set forth in Article VII, Chapter 7, shall apply.

33-49 - Special Height and Setback Limitations

LAST AMENDED

2/2/2011

33-491 - Limited Height Districts

LAST AMENDED

6/29/1994

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, wherever such districts are located within a #Limited Height District#, the maximum height of a

#building or other structure#, or portion thereof, shall be as shown in the following table:

#Limited Height District# Maximum Height Above #Curb Level#

or #Base Plane#, as Applicable

LH-1 50 feet

LH-1A 60 feet

LH-2 70 feet

LH-3 100 feet

33-492 - Height limitations for narrow buildings or enlargements

LAST AMENDED

2/2/2011

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4D C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-

4A C6-4X

In the districts indicated, and in C1 and C2 Districts mapped within R7-2, R7D, R7X, R8, R9 and R10 Districts, the

provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply to portions of #buildings#

with #street walls# less than 45 feet in width.

33-50 - COURT REGULATIONS AND MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR

LOT LINES

LAST AMENDED

12/15/1961

Basic Regulations

33-51 - Minimum Dimensions of Courts for Community Facility Buildings

LAST AMENDED

7/6/1972

C1 C2 C3 C4 C5 C6 C8

In all districts, as indicated, the regulations set forth in the following Sections shall apply to all #buildings# containing

#community facility uses#:

Section 24-61 (General Provisions and Applicability)

Section 24-62 (Minimum Dimensions of Courts)

Section 24-63 (Outer Court Regulations)

Section 24-64 (Inner Court Regulations)

Section 24-65 (Minimum Distance Between Required Windows and Walls or Lot Lines)

Section 24-66 (Modifications of Court Regulations or Distance Requirements)

Section 24-67 (Special Provisions for Buildings Used Partly for Residential Uses)

Section 24-68 (Permitted Obstructions in Courts).






Chapter 4 - Bulk Regulations for Residential

Buildings in Commercial Districts


Chapter 4 - Bulk Regulations for Residential Buildings in Commercial Districts

34-00 - APPLICABILITY AND DEFINITIONS

LAST AMENDED

7/26/2001

34-01 - Applicability of This Chapter

LAST AMENDED

3/22/2018

The #bulk# regulations of this Chapter apply to any #zoning lot# containing only #residential buildings# in any #Commercial

District# in which such #buildings# are permitted. Where a #residential building# and one or more #buildings# containing non-

#residential uses# are on a single #zoning lot#, the #bulk# regulations of Article III, Chapter 5, shall apply. In addition, the

#bulk# regulations of this Chapter or of specified Sections thereof also apply in other provisions of this Resolution where they

are incorporated by cross reference.

However, in C3A Districts, the #bulk# regulations of this Chapter shall not apply to any #residential building#. In lieu thereof,

the #bulk# regulations for R3A Districts in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), shall

apply to #residential buildings#.

In C4-4L Districts, the #bulk# regulations of this Chapter shall not apply to any #residential building#. In lieu thereof, the

#bulk# regulations for C4-4L Districts in Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial

Districts), shall apply to #residential buildings#.




All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Section 34-112.


Districts 1 and 2, the #conversion# of non-#residential floor area# to #residences# in #buildings# erected prior to December 15,


Existing Buildings), unless such #conversions# meet the requirements for new #residential development# of Article II (Residence





LAST AMENDED

3/22/2016

(a) In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-

8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A,

C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, #residential buildings# shall comply

with applicable #bulk# regulations for #Quality Housing buildings# set forth in Article II, Chapter 3, except as modified

by Section 34-20 (EXCEPTIONS TO APPLICABILITY OF RESIDENCE DISTRICT CONTROLS). In addition,

#Quality Housing buildings# shall comply with all of the requirements of Article II, Chapter 8 (Quality Housing

Program).

(b) In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix or other #Commercial Districts#

with a residential equivalent of an R6 through R10 District without a letter suffix, the #bulk# regulations applicable to

#Quality Housing buildings# set forth in paragraph (a) of this Section may, as an alternative, be applied to a #building#

under the same conditions set forth in Sections 23-011 and 34-112.

(c) In #Commercial Districts#, for #Quality Housing buildings# in which at least 50 percent of the #dwelling units# are

#income-restricted housing units#, or at least 50 percent of its total #floor area# is a #long-term care facility# or

philanthropic or non-profit institution with sleeping accommodation, the applicable #bulk# regulations of this Chapter

may be modified for #zoning lots# with irregular site conditions or site planning constraints by special permit of the

Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings

on irregular sites).

34-02 - Definitions

LAST AMENDED

11/19/1987

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

34-10 - APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS

LAST AMENDED

12/15/1961

34-11 - General Provisions

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, the #bulk# regulations of Article II, Chapter 3, shall apply to all #residential buildings# in accordance

with the provisions of this Section, except as modified by the provisions of Sections 34-21 through 34-24, relating to Exceptions

to Applicability of Residence District Controls.

34-111 - Residential bulk regulations in Cl or C2 Districts whose bulk is governed by

surrounding Residence District

LAST AMENDED

12/15/1961

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the #bulk# regulations for the #Residence District# within which such #Commercial Districts# are

mapped apply, except that when such districts are mapped within R1 or R2 Districts, the #bulk# regulations for R3-2 Districts

apply.

34-112 - Residential bulk regulations in other C1 or C2 Districts or in C3, C4, C5 or C6

Districts

LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6

In the districts indicated, the applicable #bulk# regulations are the #bulk# regulations for the #Residence Districts# set forth in

the following table:

Districts Applicable #Residence

District#

C3 R3-2

C4-1 R5

C4-2 C4-3 C6-1A R6

C4-2A C4-3A R6A

C1-6 C2-6 C4-4 C4-5 C6-1 R7-2

C1-6A C2-6A C4-4A C4-5A R7A

C4-5D R7D

C4-5X R7X

C1-7 C4-2F C6-2 R8

C1-7A C4-4D C6-2A R8A

C1-8 C2-7 C6-3 R9

C1-8A C2-7A C6-3A R9A

C6-3D R9D

C1-8X C2-7X C6-3X R9X

C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-

7 C6-8 C6-9

R10

C1-9A C2-8A C4-6A C4-7A

C5-1A C5-2A C6-4A

R10A

C6-4X R10X


LAST AMENDED

10/17/2007


In all districts, any existing open area for which no #floor area# bonus has been utilized that occupies the same #zoning

lot# as an existing #publicly accessible open area# or other public amenity, open or enclosed, for which a #floor area#

bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City

Planning Commission that all bonused amenities comply with the standards under which such #floor area# bonus was

granted.



has been received, by certification pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c) Nighttime closing of existing public open areas

In all #Commercial Districts#, the Commission may, upon application, authorize the closing during certain nighttime

hours of an existing #publicly accessible open area# for which a #floor area# bonus has been received, pursuant to

Section 37-727 (Hours of access).

(d) Elimination or reduction in size of existing public open areas

In all #Commercial Districts#, no existing #publicly accessible open area#, #arcade# or other public amenity, open or

enclosed, for which a #floor area# bonus has been utilized, shall be eliminated or reduced in size, except by special permit

of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public

amenities).

34-20 - EXCEPTIONS TO APPLICABILITY OF RESIDENCE DISTRICT CONTROLS

LAST AMENDED

12/15/1961


LAST AMENDED

7/26/2001

C1 C2 C3 C4 C5 C6

In the districts indicated, the #bulk# regulations applicable to #residential buildings# as set forth in Section 34-11 (General

Provisions) are modified by the provisions of Sections 34-22 (Modification of Floor Area and Open Space Regulations), 34-23

(Modification of Yard Regulations) and 34-24 (Modification of Height and Setback Regulations). The purpose of these

modifications is to make the regulations set forth in Article II, Chapter 3, applicable to #Commercial Districts#.

34-22 - Modification of Floor Area and Open Space Regulations

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, the #floor area# and #open space# regulations as set forth in Section 23-10 (OPEN SPACE AND

FLOOR AREA REGULATIONS), inclusive, and made applicable to such districts in Section 34-11 (General Provisions), are

modified as set forth in this Section.

34-221 - Maximum floor area ratio

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, the maximum #floor area ratio# on a #zoning lot# shall be the applicable maximum #floor area ratio#

permitted pursuant to the provisions of Article II, Chapter 3, except as provided for in the following Sections:

Section 34-223 (Floor area bonus for a public plaza)

Section 34-224 (Floor area bonus for an arcade)

Section 34-225 (Floor area increase for Inclusionary Housing in C4-7 Districts within Community District 7, Borough of

Manhattan).

34-222 - Change of use

LAST AMENDED

6/12/1996

C1 C2 C3 C4 C5 C6

A non-#residential use# occupying a #building#, or portion thereof, that was in existence on December 15, 1961, may be

changed to a #residential use# and the regulations on minimum required #open space ratio# and maximum #floor area ratio#

shall not apply to such change of #use#.

34-223 - Floor area bonus for a public plaza

LAST AMENDED

2/2/2011

C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

In the districts indicated, except for #Quality Housing buildings#, for each square foot of #public plaza# provided in accordance

with the provisions of Section 37-70, inclusive, the total #floor area# permitted on that #zoning lot# under the provisions of

Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by six square feet.

34-224 - Floor area bonus for an arcade

LAST AMENDED

2/2/2011

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

In the districts indicated, except for #Quality Housing buildings#, for each square foot of #arcade# provided in accordance with

the provisions of Section 37-80 (ARCADES), the total #floor area# permitted on that #zoning lot# under the provisions of

Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by three square feet.

34-225 - Floor area increase for Inclusionary Housing in C4-7 Districts within Community

District 7, Borough of Manhattan

LAST AMENDED

3/22/2016

Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section

23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the

Borough of Manhattan, the maximum #residential floor area ratio# may be increased pursuant to the Inclusionary Housing

provisions of Sections 23-154 and 23-90.

34-23 - Modification of Yard Regulations

LAST AMENDED

7/26/2001

34-231 - Modification of front yard requirements

LAST AMENDED

7/26/2001

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries),

no #front yard# shall be required for any #residential building#.

34-232 - Modification of side yard requirements

LAST AMENDED

4/30/2012

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries),

no #side yard# shall be required for any #residential building#. However, if any open area extending along a #side lot line# is

provided, such open area shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of

Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

34-233 - Special provisions applying along district boundaries

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

(a) In the districts indicated, if a #Commercial District# boundary coincides with a #side lot line# of a #zoning lot# in an R1,

R2, R3, R4 or R5 District and a #side lot line# of any adjoining #zoning lot# in such #Commercial District#, a #front

yard# is required for the portion of such #zoning lot# in the #Commercial District# within 25 feet of the district

boundary. The depth of such #front yard# shall be equal to the required depth of a #front yard# in the adjacent

#Residence District#.

C1 C2 C3 C4 C5 C6

(b) In the districts indicated, along such portion of the boundary of a #Commercial District# that coincides with a #side lot

line# of a #zoning lot# in an R1, R2, R3, R4 or R5 District, an open area not higher than #curb level# with a width of at

least eight feet is required for a #residential building# on a #zoning lot# within the #Commercial District#.

In addition, the provisions of paragraph (e) of Section 34-24 shall apply to such #building#.

34-24 - Modification of Height and Setback Regulations

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, the height and setback regulations set forth in Article II, Chapter 3, and made applicable to such

districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

C1 C2 C3 C4 C5 C6

(a) Application of #sky exposure planes#

In the districts indicated, except as set forth in paragraph (a) of Section 34-233 (Special provisions applying along

district boundaries), no #front yard# is required for any #residential building# in a #Commercial District#. Therefore, in

applying the height and setback regulations in a #Commercial District#, a #sky exposure plane# (which in a #Residence

District# would be measured from a point above the #front yard line#) may be measured from a point above the #street

line#. In cases where the provisions of paragraph (a) of Section 34-233 apply, the #sky exposure plane# is measured from

a point above the #front yard line#.

C1 C2

(b) When mapped within R3 or R4A Districts

In C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts,

except R4A and R4B Districts, may be used for #residential buildings#.

(c) When mapped within R4, R4-1 or R4B Districts

In C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an

R5B District may be used for #residential buildings#.

C4-2F C4-4 C4-5 C4-6 C4-7 C5 C6

(d) Special provisions for narrow #buildings#

In the districts indicated, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements)

shall apply, subject to the additional rules and exceptions therein, only to #Quality Housing buildings#. However, in

such districts, the #street wall# location provisions of paragraph (4) of Section 23-692 shall not apply.

C1 C2 C3 C4 C5 C6

(e) Special provisions applying along district boundaries

The portion of a #Quality Housing building# located within 25 feet of the boundary of an R1, R2, R3, R4, R5 or R6B

District shall comply with the provisions of Section 23-693 (Special provisions applying adjacent to R1 through R6B

Districts).

C1 C2 C4 C5 C6

(f) For #Quality Housing buildings#

In the districts indicated, for #buildings# utilizing the #bulk# regulations for #Quality Housing buildings# in Article II,

Chapter 3, the height and setback provisions of Section 23-66 (Height and Setback Requirements for Quality Housing

Buildings) shall be modified by the provisions of Section 35-65, and, for #buildings# containing #affordable independent

residences for seniors#, the permitted obstructions set forth in Section 23-44 shall be modified by the provisions of

Section 35-532.






Chapter 5 - Bulk Regulations for Mixed Buildings

in Commercial Districts


Chapter 5 - Bulk Regulations for Mixed Buildings in Commercial Districts

35-00 - APPLICABILITY AND DEFINITIONS

LAST AMENDED

12/15/1961

35-01 - Applicability of this Chapter

LAST AMENDED

3/22/2018

The #bulk# regulations of this Chapter apply to any #mixed building# located on any #zoning lot# or portion of a #zoning lot#

in any #Commercial District# in which such #building# is permitted. The #bulk# regulations of this Chapter shall also apply in

any #Commercial District# where there are multiple #buildings# on a single #zoning lot# and such #zoning lot# contains a

#residential use# and either a #commercial use# or a #community facility use#. In addition, the #bulk# regulations of this

Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross-

reference.

However, in C3A Districts, except for #community facility uses# that have received tax-exempt status from the New York City

Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law, or its successor,

the #bulk# regulations of this Chapter shall not apply, and the #bulk# regulations for R3A Districts of Article II, Chapter 3,

shall apply to any #building# that is used partly for #community facility use# and partly for #residential use#.




All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Section 35-23.


Districts l and 2, the #conversion# of non-#residential floor area# to #residences# in #buildings# erected prior to December 15,


Existing Buildings), unless such #conversions# meet the requirements for #residential development# of Article II (Residence





LAST AMENDED

3/22/2016

(a) In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-

8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A,

C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all #buildings# shall comply with

the #bulk# regulations for #Quality Housing buildings# set forth in this Chapter, and the applicable provisions of

Article II, Chapter 8 (Quality Housing Program). In C1 and C2 Districts mapped within R5D Districts, only those

regulations of Article II, Chapter 8, as set forth in Section 28-01 (Applicability of this Chapter), shall apply.

(b) In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix and in other #Commercial

Districts# with a residential equivalent of an R6 through R10 District without a letter suffix, the #bulk# regulations

applicable to #Quality Housing buildings# may, as an alternative, be applied under the same conditions set forth in

Sections 23-011, 35-22 and 35-23, provided that:

(1) the entire #building# complies with the #bulk# regulations for #Quality Housing buildings# set forth in this

Chapter; and

(2) the entire #building# complies with the applicable provisions of Article II, Chapter 8 (Quality Housing

Program).

(c) In C1 through C6 Districts, special regulations are set forth for #buildings# containing #long-term care facilities# or

philanthropic or non-profit institutions with sleeping accommodations in Section 35-012 (Special provisions for certain

community facility uses).

(d) In #Commercial Districts#, for #Quality Housing buildings# in which at least 50 percent of the #dwelling units# are

#income-restricted housing units#, or at least 50 percent of its total #floor area# is a #long-term care facility# or

philanthropic or non-profit institution with sleeping accommodation, the applicable #bulk# regulations of this Chapter

may be modified for #zoning lots# with irregular site conditions or site planning constraints by special permit of the

Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings

on irregular sites).

35-012 - Special provisions for certain community facility uses

LAST AMENDED

3/22/2016

The provisions of this Section shall apply to #zoning lots# with #mixed buildings# containing #long-term care facilities#, or

philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3.

(a) #Buildings# containing #long-term care facilities#


In C1 or C2 Districts mapped within R1 or R2 Districts, where a #long-term care facility# is permitted

pursuant to Section 74-901 (Long-term care facilities), the #bulk# regulations of this Chapter shall apply. The

maximum #floor area ratio# for such #long-term care facilities# shall not exceed the applicable #floor area ratio#

of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations),

except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility

uses in R1 and R2 Districts and certain Commercial Districts).


In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number

suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the #bulk# regulations of Article II,

Chapter 3 applicable to #affordable independent residences for seniors#, inclusive, shall apply to #buildings#, or

portions thereof, containing #long-term care facilities#, except as follows:

(i) the #lot coverage# provisions of 23-144 shall not apply;

(ii) the minimum size of #dwelling unit# provisions of Section 23-23 shall not apply;

(iii) the #yard# regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;

(iv) in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height

and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and

(v) in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2)

of Section 23-631 shall be modified so that the height of a #building# containing #long-term care

facilities# may be increased to 55 feet beyond 25 feet of the #street line# on any #zoning lot#.

In all such Districts, the Commission may permit the #bulk# regulations of this Chapter to apply pursuant to

the special permit provisions of Section 74-903 (Certain community facility uses in R3 through R9 Districts

and certain Commercial Districts).




II, Chapter 3.

In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in

C3A Districts, the applicable #bulk# regulations of this Chapter shall apply to #mixed buildings# containing

#long-term care facilities#. The maximum #floor area ratio# for such #long-term care facilities# shall be as set

forth for certain #community facility uses# in paragraphs (d) and (e) of Section 33-121, as applicable, except as

permitted by the Commission pursuant to Section 74-903.


In C1 or C2 Districts mapped within R6 through R10 Districts, or in #Commercial Districts# with a residential

equivalent of an R6 through R10 District, the #bulk# regulations of Article II, Chapter 3, applicable to

#affordable independent residences for seniors#, inclusive, shall apply to #buildings#, or portions thereof,

containing #long-term care facilities#, except as follows:

(i) in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in



(ii) in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, or in



(iii) the minimum size of #dwelling unit# provisions of Section 23-23 shall not apply;

(iv) the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear

yard equivalents for certain affordable independent residences for seniors); and

(v) the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall

be modified by Section 35-65.


equivalent set forth in the tables in Section 35-23 shall be used to determine the applicable #residential bulk#

regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in #Commercial

Districts# with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission

may permit the #bulk# regulations of this Chapter to apply to such #long-term care facilities# pursuant to the

special permit provisions of Section 74-903.

(4) Applicability of #affordable independent residences for seniors bulk# provisions

Where #buildings# containing #long-term care facilities# are required to utilize the #bulk# provisions applicable

to #affordable independent residences for seniors#, such #uses# shall be considered #residential# for the purpose

of applying such provisions, and the term #dwelling unit# shall include #dwelling units# and “rooming units”,

as set forth in the Housing Maintenance Code.

(b) #Buildings# containing philanthropic or non-profit institutions with sleeping accommodations

The provisions of Article III, Chapter 3 and this Chapter shall apply to #mixed buildings# containing philanthropic or

non-profit institutions with sleeping accommodations. In addition, the following special #bulk# provisions apply:

(1) Special #floor area ratio# provisions for the portion of a #mixed building# that contains a philanthropic or non-

profit institution with sleeping accommodations are set forth in paragraph (b) of Section 33-012 (Special

provisions for certain community facility uses).

(2) For #buildings# in C1 or C2 Districts mapped within R6 and R7-1 Districts, except for R6A and R6B Districts,

containing both #residential uses# and philanthropic or non-profit institutions with sleeping accommodations,

the provisions of Section 35-311 (Maximum floor area and special provisions for mixed buildings or zoning lots

with multiple buildings containing community facility use in certain districts) shall not apply. In lieu thereof,

the provisions of Section 35-31 (Maximum Floor Area Ratio) shall apply.

(c) Applicability of Quality Housing Program elements

For all #buildings# containing #long-term care facilities# that utilize the #bulk# regulations for #affordable independent

residences for seniors# in Article II, Chapter 3, as modified by Section 35-65 (Height and Setback Requirements for

Quality Housing Buildings), and for #buildings# containing philanthropic or non-profit institutions with sleeping

accommodations that utilize the height and setback regulations for #Quality Housing buildings# in Section 35-65, the

Quality Housing Program, and the associated mandatory and optional program elements, shall apply to such #uses#, as

modified by paragraph (d) of Section 28-01 (Applicability of this Chapter).

35-02 - Definitions

LAST AMENDED

11/19/1987

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

35-10 - GENERAL PROVISIONS

LAST AMENDED

2/2/2011

Except as otherwise provided in this Chapter, the portions of a #building# used for #residential use# are subject to the #bulk#

regulations set forth in Article II, Chapter 3, and the portions of a #building# used for #commercial# or #community facility

use# are subject to the #bulk# regulations set forth in Article III, Chapter 3.

Special provisions applying to #mixed buildings# or #zoning lots# with multiple #buildings# subject to the provisions of this

Chapter are set forth in Sections 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), inclusive,

35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive, 35-40 (APPLICABILITY OF

DENSITY REGULATIONS), inclusive, 35-50 (MODIFICATION OF YARD REGULATIONS) and 35-60

(MODIFICATION OF HEIGHT AND SETBACK REGULATIONS),inclusive.

35-20 - APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS

LAST AMENDED

2/2/2011


LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, the #bulk# regulations set forth in Article II, Chapter 3 shall apply to all #residential# portions of

#buildings# in accordance with the provisions and modifications set forth in the remaining Sections of this Chapter. The

purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to #Commercial

Districts#.

35-22 - Residential Bulk Regulations in C1 or C2 Districts Whose Bulk Is Governed by

Surrounding Residence District

LAST AMENDED

3/22/2016

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the #bulk# regulations for the #Residence Districts# within which such #Commercial Districts# are

mapped apply to #residential# portions of #buildings#, except:

(a) when such districts are mapped within R1 or R2 Districts, the #bulk# regulations for R3-2 Districts shall apply;

(b) when such districts are mapped within an R5D District, the supplemental provisions of paragraph (b)(2) of Section 35-

652 shall apply to the ground floor level of a #building# providing a #qualifying ground floor# in lieu of paragraph (b)

(2) of Section 23-662; and

(c) when such districts are mapped within R6, R7, R8, R9 or R10 Districts, the height and setback regulations of Section 23-

66 (Height and Setback Requirements for Quality Housing Buildings), shall be modified by the provisions of Section

35-65 (Height and Setback Requirements for Quality Housing Buildings) for #Quality Housing buildings#.

35-23 - Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6

Districts

LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6

(a) In the districts indicated, the #bulk# regulations for #residential# portions of #buildings# are the #bulk# regulations for

the #Residence Districts# set forth in the following table. However, for #Quality Housing buildings# the height and

setback regulations of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings), inclusive, shall

be modified by the provisions of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).

In C4-2F, C4-4, C4-5, C4-6, C4-7, C5 or C6 Districts, the provisions of Section 23-692 (Height limitations for narrow

buildings or enlargements) shall apply, subject to the additional rules and exceptions therein, only to #Quality Housing

buildings#. However, in such districts, the #street wall# location provisions of paragraph (e)(4) of Section 23-692 shall

not apply.

Furthermore, in C4-2 Districts in the Borough of Staten Island, the #residential# portion of a #mixed building# and

#residential buildings# on #zoning lots# subject to the provisions of this Chapter shall be subject to the #bulk#

regulations for #Quality Housing buildings#.

District Applicable #Residence

District#

C3 R3-2

C3A R3A

C4-1 R5

C4-2 C4-3 C6-1A R6

C1-6 C2-6 C4-4 C4-5 C6-1 R7-2

C1-7 C4-2F C6-2 R8

C1-8 C2-7 C6-3 R9

C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5

C6-6 C6-7 C6-8 C6-9

R10

C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-4L C4-5A C4-5D

C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X

(b) In the districts indicated, the #bulk# regulations for #residential# portions of #buildings# are the #bulk# regulations for

the #Residence Districts# set forth in the following table. However, the height and setback regulations of Section 23-66,

inclusive, shall be modified by the provisions of Section 35-65.

District Applicable #Residence

District#

C4-2A C4-3A R6A

C1-6A C2-6A C4-4A C4-4L C4-

5A

R7A

C4-5D R7D

C4-5X R7X

C1-7A C4-4D C6-2A R8A

C1-8A C2-7A C6-3A R9A

C6-3D R9D

C1-8X C2-7X C6-3X R9X

C1-9A C2-8A C4-6A C4-7A

C5-1A C5-2A C6-4A

R10A

C6-4X R10X

35-30 - APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS

LAST AMENDED

2/2/2011

35-31 - Maximum Floor Area Ratio

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, except as set forth in Section 35-311, the provisions of this Section shall apply to any #zoning lot#

subject to the provisions of this Chapter.

The maximum #floor area ratio# permitted for a #commercial# or #community facility use# shall be as set forth in Article III,

Chapter 3, and the maximum #floor area ratio# permitted for a #residential use# shall be as set forth in Article II, Chapter 3,

provided the total of all such #floor area ratios# does not exceed the greatest #floor area ratio# permitted for any such #use# on

the #zoning lot#. Special rules for certain areas are set forth in Section 35-35 (Special Floor Area Ratio Provisions for Certain

Areas).

Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section

23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the

Borough of Manhattan, the maximum #residential floor area ratio# may be increased pursuant to the provisions of Sections 23-

154 and 23-90 (INCLUSIONARY HOUSING).

In #Inclusionary Housing designated areas#, except within Waterfront Access Plan BK-1 and R6 Districts without a letter suffix

in Community District 1, Brooklyn, the maximum #floor area ratio# permitted for #zoning lots# containing #residential# and

#commercial# or #community facility uses# shall be the base #floor area ratio# set forth in Section 23-154 for the applicable

district.

However, in #Inclusionary Housing designated areas# mapped within C4-7, C5-4, C6-3D and C6-4 Districts, the maximum

base #floor area ratio# for #zoning lots# containing #residential# and #commercial# or #community facility uses# shall be either

the base #floor area ratio# set forth in Section 23-154 plus an amount equal to 0.25 times the non-#residential floor area ratio#

provided on the #zoning lot#, or the maximum #floor area ratio# for #commercial uses# in such district, whichever is less.

The maximum base #floor area ratio# in #Inclusionary Housing designated areas# may be increased to the maximum #floor area

ratio# set forth in Section 23-154 only through the provision of #affordable housing# pursuant to Section 23-90, inclusive.

Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to

each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot# less any

shared #floor area#.

A non-#residential use# occupying a portion of a #building# that was in existence on December 15, 1961, may be changed to a

#residential use# and the regulations on maximum #floor area ratio# shall not apply to such change of #use#.

35-311 - Maximum floor area and special provisions for mixed buildings or zoning lots

with multiple buildings containing community facility use in certain districts

LAST AMENDED

3/22/2016

C1 C2

In C1 and C2 Districts mapped within R6 Districts without a letter suffix, and in R7-1 Districts, the provisions of this Section

shall apply to any #zoning lot# where #residential# and #community facility uses# are located within the same #building#.

However, this Section shall not apply to #buildings# containing #residences# and philanthropic or non-profit residences with

sleeping accommodations, as set forth in Section 35-012 (Special provisions for certain community facility uses).

(a) For #buildings# containing #residential# and #community facility uses#, where such #buildings# have a ratio of #floor

area# in such #building# to #lot area# greater than set forth in Column A in the following table, the maximum such ratio

for the #community facility# portions of such #buildings# shall be as set forth in Column B in the table, and the

maximum such ratio for the #residential# portions of such #buildings# shall be as set forth in Article II, Chapter 3,

subject to the limitations set forth in paragraph (d) of this Section.

COLUMN A COLUMN B

DistrictMaximum Ratio

of #Floor Area#

in #Building# to

#Lot Area#

Maximum Ratio of

#Floor Area# in

#Community Facility

Use# to #Lot Area#

C1 or C2 mapped in R6 2.5 1.0

C1 or C2 mapped in R7-1 3.5 1.0

(b) For #buildings# containing #residential# and #community facility uses#, where such #buildings# have a ratio of #floor

area# in such #building# to #lot area# that do not exceed the applicable ratio set forth in Column A in the table in

paragraph (a) of this Section, the maximum #floor area ratio# for the #community facility# portion of such #buildings#

shall be as set forth in Article III, Chapter 3, and the maximum #floor area ratio# for the #residential# portions of such

#buildings# shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this

Section.

(c) For #zoning lots# containing multiple #buildings#, the provisions of this paragraph, (c), shall apply to any #building#

that does not contain both #community facility# and #residential uses#. The maximum #floor area ratio# permitted for

the #commercial# or #community facility# portions of such #buildings# shall be as set forth in Article III, Chapter 3, and

the maximum #floor area ratio# permitted for the #residential# portions of such #buildings# shall be as set forth in

Article II, Chapter 3, subject to the limitations set forth in paragraph (d).

(d) The total #floor area ratio# permitted for #commercial# or #community facility use# on the #zoning lot# shall be as set

forth in Article III, Chapter 3, and the total #floor area ratio# permitted for #residential use# on the #zoning lot# shall

be as set forth in Article II, Chapter 3, provided the total of all such #floor area ratios# does not exceed the greatest

#floor area ratio# permitted for any such #use# on the #zoning lot#.

For the purposes of this Section, a #building segment# may be considered to be a #building#.


LAST AMENDED

10/17/2007


In all districts, any existing open area for which a #floor area# bonus has not been utilized that occupies the same

#zoning lot# as an existing #publicly accessible open area# or other public amenity, open or enclosed, for which a #floor

area# bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the

City Planning Commission that all bonused amenities comply with the standards under which such #floor area# bonus

was granted.



has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c) Nighttime closing of existing public open area

In all #Commercial Districts#, the City Planning Commission may, upon application, authorize the closing during

certain nighttime hours of an existing #publicly accessible open area# for which a #floor area# bonus has been received,

pursuant to Section 37-727 (Hours of access).

(d) Elimination or reduction in size of existing public amenity

In all #Commercial Districts#, no existing #publicly accessible open area#, #arcade# or other public amenity, open or

enclosed, for which a #floor area# bonus has been utilized, shall be eliminated or reduced in size except by special permit

of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public

amenities).

35-32 - Open Space Ratio for Residential Portions of Buildings

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, a #zoning lot# containing a #residential building# or the #residential# portion of a #mixed building#

shall have a minimum #open space ratio# as required under the provisions of Sections 35-21 through 35-23, relating to Section

35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), except as otherwise provided in this

Section.

For the purposes of this Section:

(a) the #floor area# counted in determining the #open space ratio# shall be only that #floor area# in the #residential# portion

of the #building#;

(b) the #lot coverage# shall be deemed to be that portion of the #zoning lot# which, when viewed directly from above, would

be covered by the #residential# portion of the #building# at any level; and

(c) the applicable #height factor#, if the maximum permitted #residential floor area ratio# is less than the total #floor area

ratio# permitted for such #building#, shall be the #height factor# of the #residential# portion of the #building#.

A non-#residential use# occupying a portion of a #building# that was in existence on December 15, 1961, may be changed to a

#residential use# and the regulations on minimum required #open space ratio# shall not apply to such change of #use#.

35-33 - Location of Open Space

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, the #open space# required for a #residential building# or the #residential# portion of a #mixed

building# under the provisions of Section 35-32 (Open Space Ratio for Residential Portions of Buildings) may be at a level

higher than 23 feet above #curb level#. Such #open space# may be provided at ground floor level or upon the roof of:

(a) the non-#residential# portion of a #mixed building#;

(b) a #commercial building#; or

(c) a #community facility building# that #abuts# such #residential building# or #residential# portion of a #mixed building#;

provided that the level of any #open space# may not be higher than 2 feet, 6 inches below the sill level of any #legally required

window# opening on such roof area, in the #residential# portion of such #mixed building#. #Open space# located on the roof of

a #community facility building# separated by open area from #residential# or #mixed buildings# on the same #zoning lot# may

not be at a level higher than 23 feet above #curb level#.

35-331 - Open space restrictions in C4-1 Districts

LAST AMENDED3/22/2016

In C4-1 Districts, for #zoning lots# having a #lot area# in excess of four acres, open off-street parking spaces which are

#accessory# to #commercial uses# are not permitted obstructions within required #open space#.

In C4-1 Districts, for #zoning lots# having a #lot area# in excess of four acres, #open space# provided on the roof of a

#commercial building# that would otherwise qualify as #open space# shall be subject to authorization by the City Planning

Commission. In permitting such roof area to qualify as #open space#, the Commission shall find that:

(a) the location and layout of the roof area is directly accessible, useable and restricted for the residential occupants and their

guests for whom no admission charge or membership fee is charged;

(b) such roof area contains recreational facilities, seating areas and landscaping; and

(c) all mechanical equipment or emissions therefrom are screened and no intake or exhaust duct faces directly into the #open

space#.

35-34 - Floor Area Bonus for a Public Plaza or Arcade

LAST AMENDED

2/2/2011

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6

In the districts indicated, and in C1 and C2 Districts mapped within R9 or R10 Districts, #floor area# bonus provisions for

#public plazas# and #arcades# shall apply as set forth in this Section. Any #floor area# bonus for a #public plaza# or #arcade#

permitted under the applicable district regulations for any #residential#, #commercial# or #community facility# portion of a

#building# may be applied, provided that any given #public plaza# or #arcade# shall be counted only once in determining a

bonus.

C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A

(a) Prohibition of #public plaza# and #arcade# bonuses

(1) In the districts indicated, and in C1 or C2 Districts mapped within R9A, R9X, R10A or R10X Districts, no

#floor area# bonuses shall be permitted for #public plazas# or #arcades#.

(2) Within the boundaries of Community District 7, Borough of Manhattan, no #floor area# bonuses shall be

permitted for #public plazas# or #arcades#.

C1-8 C1-9 C2-7 C2-8

(b) In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, the bonus

provisions of Section 33-13 shall apply only to a #development# or #enlargement# with 25 percent or less of the total

#floor area# of the #building# in #residential use#.

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

(c) In the districts indicated, except C6-4X Districts, if more than 50 percent of the #floor area# on the #zoning lot# is

occupied by #residential uses#, then for each square foot of #public plaza# provided in accordance with Section 37-70,

inclusive, the total #floor area# permitted on that #zoning lot# under the provisions of Section 23-152 (Basic regulations

for R10 Districts) may be increased by six square feet.

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

(d) In the districts indicated, if 50 percent or less of the #floor area# on the #zoning lot# is occupied by #residential uses#,

then the provisions of Sections 33-13 and 33-14 shall apply.

C5-3 C5-5 C6-1 C6-2 C6-3 C6-6 C6-7 C6-9

(e) In the districts indicated, the provisions of Sections 33-13 and 33-14 shall apply.

C6-4X

(f) In the district indicated, if all #dwelling units# in the #building# are located above a height of 60 feet above the #base

plane#, then the bonus provisions of Section 33-13 shall apply.

35-341 - Arcades

LAST AMENDED

2/2/2011

C1-8 C1-9 C2-7 C2-8

(a) In the districts indicated, or in C1 or C2 Districts mapped within R9 or R10 Districts, the provisions of Section 33-14

shall apply only to a #development# or #enlargement# with 25 percent or less of the total #floor area# of the #building#

in #residential use#.

C4-6 C4-7 C5 C6

(b) In the districts indicated, the provisions of Section 33-14 shall apply.

35-35 - Special Floor Area Ratio Provisions for Certain Areas

LAST AMENDED

2/14/2018

35-351 - Special floor area regulations in C6-3 Districts within Community District 1,

Borough of the Bronx

LAST AMENDED

2/14/2018

In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in

Community District 1, in the Borough of the Bronx, for #MIH developments# or #affordable independent residences for

seniors#, the #residential floor area ratio# shall be that for an R9-1 District set forth in paragraph (d) of Section 23-154

(Inclusionary Housing) or in Section 23-155 (Affordable independent residences for seniors), as applicable.

35-352 - Special floor area regulations for certain districts

LAST AMENDED

5/29/2019

In C1 or C2 Districts mapped within R9 and R10 Districts, or in #Commercial Districts# with a residential equivalent of an R9

or R10 District, for #zoning lots# containing a #building# that is #developed# or #enlarged# pursuant to the applicable tower

regulations of Section 35-64 (Special Tower Regulations for Mixed Buildings), the provisions of paragraph (a)(2) of Section 23-

16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) shall apply:

(a) to only the #residential# portion of a #building# where less than 75 percent of the total #floor area# of such #building# is

allocated to #residential use#; and

(b) to the entire #building# where 75 percent or more of the total #floor area# of such #building# is allocated to #residential

use#.

35-40 - APPLICABILITY OF DENSITY REGULATIONS

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, the maximum number of #dwelling units# on a #zoning lot# shall equal the maximum #residential

floor area# permitted for the #zoning lot# determined in accordance with the provisions set forth in Section 35-30

(APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS) divided by the applicable factor in Section 23-

20 (DENSITY REGULATIONS). For the purposes of such calculation, the maximum #residential floor area# permitted on the

#zoning lot# shall equal the applicable total #floor area# permitted on the #zoning lot#, minus the amount of non-#residential

floor area# and #floor area# allocated to #affordable independent residences for seniors#.

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of density regulations to #mixed

buildings#.

For a #mixed building# in a #predominantly built-up area# of a C1 District mapped within an R5 District, the maximum permitted

#commercial floor area ratio# (FAR) is 1.0, the maximum permitted #community facility# FAR is 2.0 and the maximum permitted #residential#

FAR is 1.65, provided the total FAR for all #uses# on the #zoning lot# does not exceed 2.0, pursuant to Section 35-30. On a 10,000 square foot

#zoning lot developed# with 1.0 FAR of #commercial use# and 0.2 FAR of #community facility use#, the maximum #residential floor area

ratio# permitted for such #mixed building# is 0.8. The maximum number of #dwelling units# permitted on the #zoning lot# is 9 (10,000 x 0.8

divided by a factor of 900, pursuant to Section 23-22).

For a #mixed building# where the #residential# portion is #developed# pursuant to the optional Quality Housing Program on a #wide street# in

a C2 District mapped within an R7-1 District outside the #Manhattan Core#, the maximum permitted #commercial# FAR is 2.0, the maximum

permitted #community facility# FAR is 4.8 (or 1.0 if the total FAR of the #mixed building# exceeds 3.5), and the maximum permitted

#residential# FAR is 4.0, provided the total FAR for all #uses# on the #zoning lot# does not exceed 4.8, pursuant to Section 35-30. On a 15,000

square foot #zoning lot developed# with 1.0 FAR of #commercial use# and 1.0 FAR of #community facility use#, the maximum #residential

floor area ratio# permitted for such #mixed building# is 2.8. The maximum number of #dwelling units# permitted on the #zoning lot# is 62

(15,000 x 2.8 divided by a factor of 680, pursuant to Section 23-22).

For a #mixed building# in a C4-6 District #developed# with a #public plaza# where less than 50 percent of the #floor area# on the #zoning lot# is

occupied by #residential uses#, the maximum permitted #commercial# FAR is 4.08 (3.4 plus a 20 percent increase for a #public plaza#), the

maximum permitted #community facility# FAR is 12.0 (10.0 plus a 20 percent increase for a #public plaza#), and the maximum permitted

#residential# FAR is 10.0, provided the total FAR for all #uses# on the #zoning lot# does not exceed 12.0, pursuant to Section 35-30. On a

20,000 square foot #zoning lot developed# with 7.0 FAR of #community facility use# and no #commercial use#, the maximum #residential floor

area ratio# permitted on such #zoning lot# is 5.0. The maximum number of #dwelling units# permitted on the #zoning lot# is 147 (20,000 x 5

divided by a factor of 680, pursuant to Section 23-22).

35-50 - MODIFICATION OF YARD REGULATIONS

LAST AMENDED

3/22/2016

In #mixed buildings# with differing #yard# or #rear yard equivalent# requirements for different #uses#, the applicable

#residential yard# and #rear yard equivalent# regulations shall apply at the lowest #story# containing #dwelling units# with

windows facing onto such #residential yard# or #rear yard equivalent#, as applicable.

35-51 - Modification of Front Yard Requirements

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, no #front yard# shall be required, except that the provisions of paragraph (a) of Section 34-233

(Special provisions applying along district boundaries) shall apply to portions of a #zoning lot# within 25 feet of a #Commercial

District# boundary which coincides with a #side lot line# of a #zoning lot# in an R1 through R5 District.

35-52 - Modification of Side Yard Requirements

LAST AMENDED

4/30/2012

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 35-54 (Special Provisions Applying Adjacent to R1 Through

R5 Districts), no #side yard# shall be required although, if any open area extending along a #side lot line# is provided at any

level, it shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of Section 33-23

(Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

However, in C3A Districts, #side yards# shall be provided in accordance with the regulations for R3A Districts as set forth in

Section 23-461 (Side yards for single- or two-family residences).

35-53 - Modification of Rear Yard Requirements

LAST AMENDED

4/30/2012

C1 C2 C3 C4 C5 C6

In the districts indicated, for a #residential# portion of a #mixed building#, the required #residential rear yard# shall be provided

at the floor level of the lowest #story# used for #dwelling units# or #rooming units#, where any window of such #dwelling

units# or #rooming units# faces onto such #rear yard#. If the level of such #yard# is at or higher than the first #story#, decks,

parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, shall be permitted, pursuant

to Section 23-62 (Permitted Obstructions).

35-531 - Residential rear yard equivalents in certain districts

LAST AMENDED

10/11/2012

In C4-4L Districts, for #through lots# that have a maximum depth of 180 feet or less and are bounded by a #street# containing

an elevated rail line, no #residential rear yard equivalent# shall be required.

35-532 - Modification of permitted obstructions in required yards or rear yard

equivalents for certain affordable independent residences for seniors

LAST AMENDED

3/22/2016

A portion of a #building# used for #residential uses# other than #dwelling units# in #Quality Housing buildings# containing

#affordable independent residences for seniors# on #zoning lots# meeting the criteria set forth in paragraph (a)(4) of Section 23-

664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences

for seniors) shall be a permitted obstruction within a #rear yard# or #rear yard equivalent# on #zoning lots# in C1 or C2

Districts mapped within R6 through R10 Districts, other than R6B, R7B or R8B Districts, or in #Commercial Districts# with a

residential equivalent of an R6 through R10 District, other than R6B, R7B or R8B Districts, provided that the height of such

#building# portion does not exceed one #story#, or 15 feet above the adjoining grade, whichever is less, and provided that such

space shall be accessible to all residents of the #building#.

35-54 - Special Provisions Applying Adjacent to R1 Through R5 Districts

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6

In the districts indicated, on #zoning lots# adjacent to #zoning lots# in R1, R2, R3, R4 or R5 Districts, a #side yard# at least

eight feet wide shall be provided along the entire length of the common #side lot line#. Such #side yard# may be used for

#accessory# parking.

35-60 - MODIFICATION OF HEIGHT AND SETBACK REGULATIONS

LAST AMENDED

2/2/2011

35-61 - Applicability

LAST AMENDED

2/14/2018

C1 C2 C3 C4 C5 C6

In the districts indicated, the height and setback provisions of Section 35-60 (MODIFICATION OF HEIGHT AND

SETBACK REGULATIONS), inclusive, shall apply to any #zoning lot# subject to the provisions of this Chapter.

Height and setback modifications applicable to C1 or C2 Districts mapped within R1 through R5 Districts, and C3 and C4-1

Districts are set forth in Section 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent).

Height and setback modifications applicable to C1 or C2 Districts mapped within R6 through R10 Districts, and #Commercial

Districts# with a residential equivalent of R6 through R10 Districts, are set forth in Sections 35-63 (Basic Height and Setback

Modifications), 35-64 (Special Tower Regulations for Mixed Buildings) and 35-65 (Height and Setback Requirements for

Quality Housing Buildings), as applicable. Special rules for certain areas are set forth in Section 35-66 (Special Height and

Setback Provisions for Certain Areas).

In C1 or C2 Districts mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X

Districts, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-

4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all

#buildings# shall comply with the #bulk# regulations for #Quality Housing buildings# set forth in Sections 23-62 (Permitted

Obstructions) and 23-66 (Height and Setback Requirements for Quality Housing Buildings), as modified by Section 35-65. In

C1 or C2 Districts mapped in R6 through R10 Districts without a letter suffix, or in other #Commercial Districts# with a

residential equivalent of an R6 through R10 District, the #residential# portion of a #building# may be #developed# or

#enlarged# pursuant to the basic height and setback requirements of Sections 23-62, 23-64 (Basic Height and Setback

Requirements) or 23-65 (Tower Regulations), as modified by Sections 35-63 and 35-64, as applicable, or the entire #building#

may be #developed# or #enlarged# pursuant to the #bulk# regulations for #Quality Housing buildings#. All #Quality Housing

buildings# shall also comply with additional provisions set forth in Article II, Chapter 8, as applicable.

35-62 - Commercial Districts With an R1 Through R5 Residential Equivalent

LAST AMENDED

3/22/2016

C1 C2 C3 C4

In C1 or C2 Districts mapped within R1 through R5 Districts, and C3 and C4-1 Districts, height and setback regulations are

modified as follows:

(a) no #front yard# is required for any portion of a #building# in a #Commercial District#, except as otherwise provided in

Section 35-51 (Modification of Front Yard Requirements). Therefore, in applying the height and setback regulations in

districts where the height of #buildings or other structures# is governed by #sky exposure planes#, such #sky exposure

plane#, which in a #Residence District# would be measured from a point above the #front yard line#, may be measured

from a point above the #street line#. The maximum height of a front wall within the #initial setback distance# permitted

in the applicable district for a #residential#, #commercial# or #community facility building#, whichever permits the

greatest maximum height;

(b) in cases where the provisions of paragraph (a) of Section 34-233 (Special provisions applying along district boundaries)

apply, as set forth in Section 35-51, the #sky exposure plane# is measured from a point above the #front yard line#;

(c) in C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts,

except R4A and R4B Districts, may be applied;

(d) in C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an R5B

District may be applied; and

(e) in C3A Districts, the height and setback regulations applicable to R3A Districts shall apply.

35-63 - Basic Height and Setback Modifications

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, and in #Commercial Districts# with a

residential equivalent of R6 through R10 without a letter suffix, height and setback regulations are modified as follows:

(a) no #front yard# is required for any portion of a #building# in a #Commercial District#, except as otherwise provided in

Section 35-51 (Modification of Front Yard Requirements). Therefore, in applying the height and setback regulations in

districts where the height of #buildings or other structures# is governed by #sky exposure planes#, such #sky exposure

plane#, which in a #Residence District# would be measured from a point above the #front yard line#, may be measured

from a point above the #street line#. The maximum height of a front wall within the #initial setback distance# shall be

the maximum height for front walls permitted in the applicable district for a #residential#, #commercial# or

#community facility building#, whichever permits the greatest maximum height;

(b) in cases where the provisions of paragraph (a) of Section 34-233 (Special provisions applying along district boundaries)

apply, as set forth in Section 35-51, the #sky exposure plane# is measured from a point above the #front yard line#; and

(c) in C1-8, C1-9, C2-7 or C2-8 Districts, or in C1 or C2 Districts mapped within R9 or R10 Districts, the provisions of

Section 23-642 (Alternate front setbacks) shall not apply to any #development# or #enlargement# with more than 25

percent of its total #floor area# occupied by #residential use#.

35-64 - Special Tower Regulations for Mixed Buildings

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In the districts indicated without a letter suffix, when a #mixed building# is subject to tower regulations, the #residential# tower

regulations of paragraphs (a) and (b) or the #commercial# tower regulations of paragraph (c) of this Section shall apply to the

entire #building#.

(a) In C1 or C2 Districts mapped within R9 or R10 Districts, or in C1-8, C1-9, C2-7 or C2-8 Districts, a #mixed building#

that meets the location and #floor area# criteria of paragraph (a) of Section 23-65 (Tower Regulations) shall be governed

by the provisions of Section 23-651 (Tower-on-a-base), except that the #building# base regulations of paragraph (b) of

Section 23-651 shall be modified, as follows:

(1) On a #wide street#, and on a #narrow street# within 30 feet of its intersection with a #wide street#, the entire

width of the #street wall# of a base shall be located on the #street line#.

However, to allow for articulation of corners at the intersection of two #street lines#, the #street wall# may be

located anywhere within an area bounded by the two #street lines# and a line connecting such #street lines# at

points 15 feet from their intersection. Recesses, not to exceed three feet in depth from the #street line#, shall be

permitted on the ground floor where required to provide access to the #building#.

(2) On a #narrow street# beyond 30 feet of its intersection with a #wide street#, the #street wall# of a base shall be

located within eight feet of a #street line#.

(3) On a #wide street#, recesses above the ground floor are permitted at any level in the #street wall# of a base for

#outer courts# or balconies. The aggregate width of such recesses shall not exceed 50 percent of the width of the

entire #street wall# at any level.

However, not more than 30 percent of the aggregate width of such recesses shall exceed a depth of eight feet.

Furthermore, no recesses shall be permitted below a height of 12 feet, within 20 feet of an adjacent #building#,

or within 30 feet of the intersection of two #street lines#, except for corner articulation as provided for in

paragraph (a)(1) of this Section.

(4) On a #narrow street#, recesses are permitted at any level in the #street wall# of a base for #outer courts# or

balconies. The aggregate width of such recesses shall not exceed 50 percent of the width of the entire #street

wall# at any level.

However, not more than 30 percent of the aggregate width of such recesses shall exceed a depth of eight feet.

Furthermore, no recesses shall be permitted below a height of 12 feet within 20 feet of an adjacent #building#,

or within 30 feet of the intersection of two #street lines#, except for corner articulation as provided for in

paragraph (a)(1) of this Section.

(b) In C4-6, C5-1 or C6-3 Districts, the #residential# portion of a #mixed building# that in the aggregate occupies not more

than 40 percent of the #lot area# of a #zoning lot# or, for #zoning lots# of less than 20,000 square feet, the percent set

forth in Section 23-65, may be constructed in conformance with the provisions of Section 23-652 (Standard tower),

provided the following conditions are met:

(1) at least 65 percent of the total allowable #floor area# on a #zoning lot# under the applicable district regulations is

occupied by #residential uses#;

(2) all #uses# within such #mixed building# comply with the provisions of Section 32-42 (Location Within

Buildings); and

(3) only the #residential# portion of such #mixed building# penetrates the #sky exposure plane# as set forth in

Sections 33-432 or 33-442 (In other Commercial Districts).

(c) In C4-7, C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8 or C6-9 Districts, the tower regulations applicable to any

#mixed building# shall be the regulations set forth in Section 33-45.

However, in C4-7, C5-2, C5-4, C6-4, C6-5 or C6-8 Districts, when no more than two #stories# of a #mixed building#

are occupied by non-#residential uses#, the tower regulations applicable to the #residential# portion of such #mixed

building# may be governed by Section 23-652 or, for towers on small lots, the percentages set forth in Section 23-65.

All #uses# within such #mixed building# shall comply with the provisions of Section 32-42.

35-65 - Height and Setback Requirements for Quality Housing Buildings

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In the districts indicated, the #street wall# location provisions of Sections 35-651 and the height and setback provisions of

Section 35-652, shall apply to #Quality Housing buildings#. In certain districts, the heights set forth in Section 35-652 may be

increased pursuant to either the provisions of Section 35-653 (Tower regulations) or 35-654 (Modified height and setback

regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable.

Additional provisions are set forth in Section 35-655. The height of all #buildings or other structures# shall be measured from

the #base plane#.

In all such districts, the permitted obstructions provisions of Section 33-42 shall apply to any #building or other structure#. In

addition, a dormer may be allowed as a permitted obstruction pursuant to paragraph (c)(1) of Section 23-621 (Permitted

obstructions in certain districts).

35-651 - Street wall location

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In the districts indicated, the #street wall# location provisions of paragraphs (a), (b), (c) or (d) of this Section shall apply to all

#Quality Housing buildings#, as applicable.

Any #street wall# may be divided into different segments, and located at varying depths from the #street line#, to allow for

#building# recesses, projections, #outer courts# and other forms of articulation, provided that each portion complies with the

applicable #street wall# location provisions of paragraphs (a), (b), (c) or (d) of this Section. Recesses, projections and other forms

of articulation beyond the #street wall# locations established in paragraphs (a), (b), (c) or (d) are permitted only in accordance

with paragraph (e) of this Section.

C1-6A C2-6A C4-2A C4-3A C4-4A C4-5A C4-5X

(a) In the districts indicated, and in C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B or R7X Districts, and

for #Quality Housing buildings# in other #Commercial Districts# with a residential equivalent of an R6 or R7 District,

the following shall apply:

(1) at least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line#

and shall extend to at least the minimum base height specified in Sections 35-652 and 23-662 (Maximum height

of buildings and setback regulations), or the height of the #building#, whichever is less. Up to 30 percent of the

#aggregate width of street walls# may be recessed beyond eight feet of the #street line#, provided that any such

recesses deeper than 10 feet along a #wide street# or 15 feet along a #narrow street# are located within an #outer

court#;

(2) existing #buildings# may be horizontally #enlarged# without regard to #street wall# location provisions, provided

the amount of new #floor area# does not exceed 50 percent of the amount of #floor area# existing on June 29,

1994, and the #enlarged# portion of the #building# does not exceed one #story# or 15 feet in height, whichever

is less;

(3) for #zoning lots# bounded by more than one #street line#, these #street wall# location provisions shall be

mandatory along only one #street line#; and

(4) where only one #street line# is coincident with the boundary of a #Commercial District# mapped along an entire

#block# front, the #street wall# location provisions shall apply along such coincident #street line#. For all other

#zoning lots#, the #street wall# location provisions shall apply along at least one #street line#.

C1-7A C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-4D C4-5D C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A

C6-4X

(b) In the districts indicated, and in C1 or C2 Districts when mapped within R7D, R8A, R8B, R8X, R9A, R9X, R10A or

R10X Districts, and for #Quality Housing buildings# in other C1, C2, C4, C5 or C6 Districts with a residential

equivalent of an R8, R9 or R10 District, the following #street wall# location provisions shall apply along #wide streets#,

and along #narrow streets# within 50 feet of their intersection with a #wide street#:

(1) The #street wall# shall be located on the #street line# and extend along the entire #street# frontage of the #zoning

lot# up to at least the minimum base height specified in Section 35-652 and 23-662, or the height of the

#building#, whichever is less. However, to allow articulation of #street walls# at the intersection of two #street

lines#, the #street wall# may be located anywhere within an area bounded by the two #street lines# and a line

connecting such #street lines# at points 15 feet from their intersection, or, for #corner lots# with an angle of 75

degrees or less, at points 30 feet from their intersection.

In C6-4X Districts, #public plazas# are only permitted to front upon a #narrow street line# beyond 50 feet of its

intersection with a #wide street line#. The #street wall# location provisions of this Section shall not apply along

any such #street line# occupied by a #public plaza#.

(2) Above a height of 15 feet above the #base plane#, or the height of the first #story#, whichever is lower, up to 30

percent of the #aggregate width of street walls# may be recessed beyond the #street line#, provided any such

recesses deeper than 10 feet along a #wide street#, or 15 feet along a #narrow street#, are located within an

#outer court#. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two #street

lines# except to articulate the #street walls# as set forth in paragraph (b)(1) of this Section.

(3) Where a continuous sidewalk widening is provided on the #zoning lot#, along the entire #block# frontage of a

#street#, the boundary of the sidewalk widening shall be considered to be the #street line# for the purposes of

this Section.

Along #narrow streets# beyond 50 feet of their intersection with a #wide street#, the #street wall# provisions of

paragraph (a) of this Section shall apply.

C4-4L

(c) In C4-4L Districts, the #street wall# location provisions of paragraph (a) of this Section shall apply along any #street# that

does not contain an elevated rail line. For #zoning lots# bounded by a #street# containing an elevated rail line, the

following regulations shall apply along the frontage facing the elevated rail line.

(1) A sidewalk widening shall be provided along the entire #zoning lot# frontage of such #street# containing an

elevated rail line. Such sidewalk widening shall have a depth of five feet, be improved to Department of

Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to

the public at all times. A line parallel to and five feet from the #street line# of such #street# containing an

elevated rail line, as measured within the #zoning lot#, shall be considered the #street line# for the purpose of

applying all regulations of Section 35-65, inclusive.

(2) At least 70 percent of the #aggregate width of street walls# shall be located at the #street line# of the #street#

containing the elevated rail line and extend to at least the minimum base height, or the height of the #building#,

whichever is less, up to the maximum base height.

C6-3D

(d) In the district indicated, and in C1 or C2 Districts when mapped within R9D Districts, for #developments# or

#enlargements# on #zoning lots# fronting upon #wide streets#, or fronting upon #narrow streets# that include an

elevated rail line, sidewalks, with a minimum depth of 20 feet measured perpendicular to the curb of the #street#, shall

be provided along such entire #street# frontages of the #zoning lot#. In locations where the width of the sidewalk within

the #street# is less than 20 feet, a sidewalk widening shall be provided on the #zoning lot# so that the combined width of

the sidewalk within the #street# and the sidewalk widening equals 20 feet. However, existing #buildings# to remain on

the #zoning lot# need not be removed in order to comply with this requirement. All sidewalk widenings shall be

improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public

sidewalks and shall be accessible to the public at all times. In addition, the provisions of paragraphs (f)(2) through (f)(5)

of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) shall apply.

The following #street wall# location provisions shall apply along #wide streets#, and along #narrow streets# within 50

feet of their intersection with a #wide street#.

(1) The #street wall# shall be located on the #street line# and extend along the entire #street# frontage of the #zoning

lot# up to at least the minimum base height specified in Section 35-652, or the height of the #building#,

whichever is less. To allow articulation of #street walls# at the intersection of two #street lines#, up to 50

percent of the area bounded by the two #street lines# and lines parallel to and 50 feet from such #street lines#

may be unoccupied by a #building#. However, where one such #street line# fronts an elevated rail line, a

minimum of 25 percent and a maximum of 50 percent of the area bounded by the two #street lines# and lines

parallel to and 50 feet from such #street lines# shall be unoccupied by a #building#.

(2) Above a height of 15 feet above the #base plane#, or the height of the first #story#, whichever is less, up to 30

percent of the #aggregate width of street walls# may be recessed beyond the #street line#, provided any such

recesses deeper than 10 feet along a #wide street#, or 15 feet along a #narrow street#, are located within an

#outer court#. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two #street

lines# except to articulate the #street walls# as set forth in paragraph (b)(1) of this Section.

(3) Where a continuous sidewalk widening is provided along the entire #block# frontage of a #street#, the boundary

of the sidewalk widening shall be considered to be the #street line# for the purposes of this Section.

Along #narrow streets# beyond 50 feet of their intersection with a #wide street#, the #street wall# provisions of

paragraph (a) of this Section shall apply.

C1 C2 C4 C5 C6

(e) #Street wall# articulation, including, but not limited to, window recesses and structural expression on the #building#

facade, shall be permitted to project or recess beyond the #street wall# locations established in paragraphs (a), (b), (c) or

(d) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to

accommodate other forms of #street wall# articulation, such as bay windows, and facade recesses, up to 50 percent of the

#aggregate width of street wall#, at any level, may recess or project beyond such #street wall# location provisions of this

Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular from the

#street wall#, or portion thereof. No projection shall extend beyond the #street line#, except where encroachments into

the public right-of-way are permitted by the New York City Administrative Code.

35-652 - Maximum height of buildings and setback regulations

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In the districts indicated, height and setback regulations for #Quality Housing buildings# are set forth in this Section.

The height of a #Quality Housing building or other structure# shall not exceed the maximum height limit specified for the

applicable district set forth in paragraphs (a) or (b) of this Section, as applicable, except as specified in paragraph (d) of this

Section and elsewhere in this Chapter.

Basic building heights for #Quality Housing buildings# are set forth in paragraph (a) of this Section. Such heights may be

increased in certain districts for #Quality Housing buildings# with #qualifying ground floors# pursuant to paragraph (b)(1) of

this Section. For #Quality Housing buildings# with #qualifying ground floors# in #Commercial Districts# mapped within, or

with a residential equivalent of R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the

#Manhattan Core#, supplemental ground floor provisions are set forth in paragraph (b)(2) of this Section.

A setback is required for all portions of #buildings or other structures# that exceed the maximum base height specified in

paragraphs (a) or (b) of this Section, and shall be provided in accordance with the provisions set forth in paragraph (c) of Section

23-662, except as modified in paragraph (c) below.

(a) Basic #building# heights

For #Quality Housing buildings#, the minimum and maximum base height, and maximum height of a #building or

other structure# shall be as specified in paragraph (a) of Section 23-662 (Maximum height of buildings and setback

regulations) for the #Residence District# within which such #Commercial District# is mapped, or the applicable

residential equivalent set forth in the Tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts

or in C3, C4, C5 or C6 Districts).

(b) Special heights in certain districts for #Quality Housing buildings# with #qualifying ground floors#

(1) Eligible #buildings#

Table 2 in paragraph (b) of Section 23-662 sets forth the minimum and maximum base height, maximum

#building# height, and maximum number of #stories# for #Quality Housing buildings# with #qualifying

ground floors# within:

(i) #Commercial Districts# mapped within, or with a residential equivalent of, R6 or R7 Districts without a

letter suffix outside the #Manhattan Core# and within 100 feet of a #wide street#, or R8 or R10

Districts without a letter suffix within 100 feet of a #wide street#;

(ii) #Commercial Districts# mapped within, or with a residential equivalent of, R6A, R6B, R7A, R7D,

R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#.

(2) Supplemental ground floor provisions for #buildings# in certain districts

For #Quality Housing buildings# with #qualifying ground floors# in #Commercial Districts# mapped within, or

with a residential equivalent of R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located

outside the #Manhattan Core#, supplemental ground floor provisions shall apply as follows:

(i) Along #primary street frontages#

For #buildings#, or portions thereof, with #primary street frontage#, as defined in Section 37-311,

#uses# on the first #story#, to the minimum depth set forth in Section 37-32 (Ground Floor Depth

Requirements for Certain Uses), shall be limited to non-#residential uses#, except for Type 1 lobbies in

C1 or C2 Districts, Type 2 lobbies in C4, C5 or C6 Districts, entrances and exits to #accessory# parking

spaces, and entryways to subway stations, where applicable, provided in accordance with Section 37-33

(Maximum Width of Certain Uses). #Accessory# off-street parking spaces on the ground floor shall be

wrapped in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and

Screening Requirements). Each ground floor level #street wall# shall be glazed in accordance with the

provisions set forth in Section 37-34 (Minimum Transparency Requirements).

(ii) Along #secondary street frontages#

For #buildings# or portions thereof, with #secondary street frontage#, as defined in Section 37-311,

#accessory# off-street parking spaces on the ground floor level shall be wrapped or screened in

accordance with Section 37-35. However, the aggregate width of any such screening, excluding

entrances and exits, shall not exceed 50 feet.

(c) Setback modifications

(1) In C6-3D Districts, the provisions for R9D Districts set forth in Section 23-662 shall apply, except that:

(i) the setback provisions of paragraph (c) of this Section are optional where a #building# wall is within the

area bounded by two intersecting #street lines# and lines parallel to and 70 feet from such #street lines#;

and

(ii) where such #building# is adjacent to a #public park#, such setback may be provided at grade for all

portions of #buildings# outside of the area bounded by two intersecting #street lines# and lines parallel

to and 70 feet from such #street lines#, provided that any area unoccupied by a #building# shall be

improved to Department of Transportation standards for sidewalks, shall be at the same level as the

adjoining public sidewalks, and shall be accessible to the public at all times.

(2) In C4-4L Districts, for #zoning lots# bounded by a #street# containing an elevated rail line, the following shall

apply:

(i) a setback with a depth of at least 15 feet from the #street line# of the #street# containing the elevated rail

line shall be provided at a height not lower than the minimum base height of either 25 feet or two

#stories#, whichever is lower, and not higher than the maximum base height of either 65 feet or six

#stories#, whichever is lower; and

(ii) dormers shall not be a permitted obstruction within such setback distance.

(d) Maximum height modifications

(1) In C6-3D and C6-4X Districts, the maximum base heights for the applicable residential equivalents may be

exceeded in accordance with the tower regulations of Section 35-653.

(2) In C4-4L Districts, for #zoning lots# bounded by a #street# containing an elevated rail line and within 125 feet of

such #street#, the maximum #building# height for a #building# with a #qualifying ground floor# shall be 105

feet or ten #stories#, whichever is less. For #buildings# with #non-qualifying ground floors#, the maximum

height shall be reduced to 100 feet.

35-653 - Tower regulations

LAST AMENDED

3/22/2016

C6-3D C6-4X

In the districts indicated, any #building or other structure#, or portions thereof, which in the aggregate occupies not more than

40 percent of the #lot area# of a #zoning lot# or, for #zoning lots# of less than 20,000 square feet, the percentage set forth in the

table in Section 23-65 (Tower Regulations), above a height of 85 feet above the #base plane#, is hereinafter referred to as a tower.

Dormers permitted within a required setback area pursuant to Section 23-621 (Permitted obstructions in certain districts) shall

not be included in tower coverage. Such tower may exceed a height limit of 85 feet above the #base plane# provided the base of

such tower complies with the applicable provisions of Section 35-651 (Street wall location) and the setback provisions of Section

35-652 (Maximum height of buildings and setback regulations), and provided that the tower portion complies with the

provisions of paragraphs (a), (b) and (c) of Section 23-663 (Tower regulations).

35-654 - Modified height and setback regulations for certain Inclusionary Housing

buildings or affordable independent residences for seniors

LAST AMENDED

2/14/2018

C1 C2 C4 C5 C6

In the districts indicated, the provisions of this Section shall apply to #Quality Housing buildings# on #zoning lots# meeting the

criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing

buildings or affordable independent residences for seniors).

For all such #Quality Housing buildings#, the maximum base and #building# heights established in Sections 35-652 and 23-662

(Maximum height of buildings and setback regulations) shall be modified in accordance with the table in paragraph (b) of

Section 23-664 for the #Residence District# within which such #Commercial Districts# are mapped, or the applicable residential

equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or

C6 Districts). Separate maximum #building# heights are set forth within such table for #Quality Housing buildings# with

#qualifying ground floors# and for those with #non-qualifying ground floors#. However:

(a) for C4-4L Districts, the maximum #building height# shall be increased to 115 feet for #buildings# with #qualifying

ground floors#, or 11 #stories#, whichever is lower, for #buildings# with #non-qualifying ground floors#. For

#buildings# with #non-qualifying ground floors#, the maximum height shall be reduced to 110 feet; and

(b) for such #Quality Housing buildings# in C1 or C2 Districts mapped within R6 through R8 Districts without a letter

suffix or within an R9-1 District, or in other #Commercial Districts# with a residential equivalent of an R6 though R8

District without a suffix, the #street wall# location and height and setback provisions of Sections 35-651 and 35-652

need not apply to #buildings# on #zoning lots# that meet the criteria set forth in:

(1) paragraph (a)(3) of Section 23-664; or

(2) paragraph (a)(4) of Section 23-664 and such #zoning lots# are located within 150 feet of the types of

transportation infrastructure listed in paragraphs (c)(2)(i) through (c)(2)(iv) of Section 23-664. Such 150-foot

measurement shall be measured perpendicular to the edge of such infrastructure.

In lieu thereof, the alternative height and setback regulations set forth in paragraph (c) of Section 23-664 shall apply.

35-655 - Additional regulations

LAST AMENDED

3/22/2016

C1 C2 C4 C5 C6

In the districts indicated, for #Quality Housing buildings#, the following additional provisions shall apply:

(a) Existing #buildings# may be vertically enlarged by up to one #story# or 15 feet without regard to the #street wall#

location requirements of Section 35-651.

(b) On #through lots# that extend less than 180 feet in maximum depth from #street# to #street#, the #street wall# location

requirements of Section 35-651 shall be mandatory along only one #street# frontage. However, in C4-4L Districts, such

#street wall# location regulations shall apply along the frontage of any #street# containing an elevated rail line.

(c) The #street wall# location and minimum base height provisions of Sections 35-651 and 35-652, respectively, shall not

apply along any #street# frontage of a #zoning lot# occupied by #buildings# whose #street wall# heights or widths will

remain unaltered.

(d) The minimum base height provisions of Section 35-652 shall not apply to #buildings developed# or #enlarged# after

February 2, 2011, that do not exceed such minimum base heights, except where such #buildings# are located on #zoning

lots# with multiple #buildings#, one or more of which is #developed#, #enlarged# or altered after February 2, 2011, to a

height exceeding such minimum base heights.

(e) The City Planning Commission may, upon application, authorize modifications in the required #street wall# location of

a #development# or #enlargement# if the Commission finds that existing #buildings#, or existing open areas serving

existing #buildings# to remain on the #zoning lot#, would be adversely affected by the location of the #street walls# of

the #development# or #enlargement# in the manner prescribed in this Section.

(f) For any #zoning lot# located in a Historic District designated by the Landmarks Preservation Commission, the minimum

base height and #street wall# location regulations of this Section, or as modified in any applicable Special District, shall

be modified as follows:

(1) The minimum base height of a #street wall# may vary between the height of the #street wall# of an adjacent

#building# before setback, if such height is lower than the minimum base height required, up to the minimum

base height requirements of Section 35-652, or as modified in any applicable Special District.

(2) The maximum base height of a #street wall# may vary between the height of the #street wall# of an adjacent

#building# before setback, if such height is higher than the maximum base height allowed, and the maximum

base height requirements of Section 35-652, provided that such height not exceed 150 feet and provided that

such #zoning lot# is located within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue,

a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue.

(3) The location of the #street wall# of any #building# may vary between the #street wall# location requirements of

Section 35-651, or as modified in any applicable Special District, and the location of the #street wall# of an

adjacent #building# fronting on the same #street line#.

(g) In C6-3D Districts, where a #building# on an adjacent #zoning lot# has #dwelling unit# windows located within 30 feet

of a #side lot line# of the #development# or #enlargement#, an open area extending along the entire length of such #side

lot line# with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted

obstructions set forth in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

(h) For the purposes of applying the #street wall# location regulations of paragraph (b) of this Section, any #building# wall

oriented so that lines perpendicular to it would intersect a #street line# at an angle of 65 degrees or less shall not be

considered a #street wall#.

(i) For the purposes of applying the #street wall# location as well as the height and setback provisions of Sections 35-651 and

35-652, respectively, where the Administrative Code establishes restrictions on the location of #buildings# on lots

fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines

drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and

southern #street lines# of Eastern Parkway.

35-66 - Special Height and Setback Provisions for Certain Areas

LAST AMENDED

2/14/2018

Community District 6, Manhattan

In Community District 6 in the Borough of Manhattan, for #buildings developed# or #enlarged# with towers in #Commercial

Districts# mapped within R10 Districts located east of First Avenue and north of East 51st Street, the provisions of paragraph

(a) of Section 35-64 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-651

apply to all #buildings# where more than 25 percent of the total #floor area# of the #building# is allocated to #residential uses#,

irrespective of whether the #building# has #wide street# or #narrow street# frontage. Such provisions shall be modified in

accordance with the provisions of Section 23-675 (Provisions for certain R10 Districts within Community District 6 in the

Borough of Manhattan), except that the #building# base modifications set forth in paragraphs (a)(1) through (a)(3) of Section

35-64 shall apply.

35-661 - Special height and setback regulations in certain C6-3 Districts within

Community District 1, Borough of the Bronx

LAST AMENDED

2/14/2018

In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in

Community District 1, in the Borough of the Bronx, for an #MIH development# that is also an #MIH site# or for a

#development# containing no #residences# other than #affordable independent residence for seniors#, the #street wall# location

and height and setback provisions of Sections 35-651 and 35-652 shall not apply. In lieu thereof, the height and setback

regulations for an R9-1 District set forth in paragraph (c) of Section 23-664 (Modified height and setback regulations for certain

Inclusionary Housing buildings or affordable independent residences for seniors), shall apply.






Chapter 6 - Accessory Off-Street Parking and

Loading Regulations


Chapter 6 - Accessory Off-Street Parking and Loading Regulations

36-00 - GENERAL PURPOSES AND DEFINITIONS

LAST AMENDED

12/15/1961

36-01 - General Purposes

LAST AMENDED

4/22/2009

The following regulations on permitted and required accessory off-street parking spaces and accessory bicycle parking spaces are

adopted in order to provide parking spaces off the streets sufficient to give necessary access to developing centers of commerce

outside the high density central areas, to reduce traffic congestion caused by parking on the streets, to prevent substantial

amounts of traffic from circulating in and parking on residential streets surrounding commercial centers, to provide for a higher

standard of commercial development within the City and thus to promote and protect public health, safety and general welfare.

36-02 - Applicability of District Regulations

LAST AMENDED

4/22/2009

Except as otherwise provided in this Section, the regulations of this Chapter on permitted and required #accessory# off-street

parking spaces and #accessory# bicycle parking spaces apply to #residences#, #community facility uses# or #commercial uses#, as

set forth in the provisions of the various Sections. In addition, the regulations of this Chapter, or of specified Sections thereof,

also apply in other provisions of this Resolution where they are incorporated by cross reference.

36-021 - Applicability of regulation to non-profit hospital staff dwellings

LAST AMENDED

3/22/2016

In all districts, the regulations of this Chapter applicable to #community facility uses# shall not apply to #non-profit hospital

staff dwellings#. In lieu thereof, the regulations applicable to #residences# shall apply, as follows:

(a) the regulations of a C4-1 District shall apply to #non- profit hospital staff dwellings# located in C1 or C2 Districts

mapped within R1, R2 and R3 Districts, and to C3 Districts;

(b) the regulations of a C4-2 District shall apply to #non- profit hospital staff dwellings# located in C1 or C2 Districts

mapped within R4 and R5 Districts, and to C4-1 and C8-1 Districts; and

(c) the regulations of a C4-7 District shall apply to #non- profit hospital staff dwellings# located in C1 or C2 Districts

mapped within R6 through R10 Districts, and to C1- 6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4-2, C4-3, C4-4, C4- 5,

C4-6, C4-7, C5, C6, C8-2, C8-3 and C8-4 Districts.

36-022 - Applicability of regulations of C6-1A Districts

LAST AMENDED

6/29/1994

In C6-1A Districts, the parking requirements of C4-4 Districts as set forth in Section 36-20 (REQUIRED ACCESSORY OFF-

STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES) shall apply to #commercial# or

#community facility uses#. However, for all office #uses# listed in Use Group 6B of Section 32-15 (Use Group 6), there shall be

one parking space per 4,000 square feet of #floor area#.

36-023 - Applicability of regulations in C4-1 Districts

LAST AMENDED

2/2/2011

In C4-1 Districts, for #zoning lots# having a #lot area# in excess of four acres, all #group parking facilities# that are #accessory#

to #commercial developments# or #enlargements# shall be subject to authorization by the City Planning Commission to assure

that the layout of such parking spaces is arranged and located in relation to the #use# or #uses# to which such spaces are

#accessory#, so as to provide adequate ingress, egress and circulation with respect to abutting #streets# or #uses#.

For such #zoning lots#, the Commission may also authorize a reduction of the parking requirement of Section 36-21 (General

Provisions) by an amount not to exceed 50 percent, provided that the Commission finds that the applicant has demonstrated

that the proposed parking is sufficient for the #use# proposed.

Furthermore, notwithstanding the applicability requirements of Sections 36-58 (Parking Lot Maneuverability and Curb Cut

Regulations), paragraph (a), and 37-91, the Commission shall find that such #group parking facilities# of any size comply with

the maneuverability and landscaping provisions of Sections 36-58 and 37-90 (PARKING LOTS), inclusive. For #group parking

facilities accessory# to #enlargements#, the Commission may authorize modifications or waivers of such provisions, provided the

Commission finds that:

(a) maneuverability and curb cut regulations have been complied with to the maximum extent practicable;

(b) the amount of perimeter landscaped areas have been provided to the maximum extent practicable;

(c) the amount of interior planting islands and their distribution throughout the parking lot have been provided to the

maximum extent practicable; and

(d) perimeter landscaped areas and interior planting islands have been engineered to absorb storm water runoff to the

maximum extent practicable.

The Commission may request reports from licensed engineers and landscape architects in considering such modifications.

36-024 - Applicability of regulations in the Manhattan Core and the Long Island City area

LAST AMENDED

5/8/2013

Special regulations governing #accessory# off-street parking and loading in the #Manhattan Core# are set forth in Article I,

Chapter 3, and special regulations governing #accessory# off- street parking in the #Long Island City area#, as defined in Section

16-02 (Definitions), are set forth in Article I, Chapter 6.

36-026 - Applicability of regulations to Quality Housing

LAST AMENDED

3/22/2016

On any #zoning lot# containing a #Quality Housing building#, all #accessory# off-street parking spaces shall comply with the

provisions of Section 28-40 (PARKING FOR QUALITY HOUSING), inclusive.

36-027 - Applicability of regulations in the waterfront area

LAST AMENDED

2/14/2018


In #Commercial Districts# where #residential uses# are governed by the #bulk# regulations of R7-3 Districts, the #accessory#

off- street parking regulations of R7-2 Districts shall apply to #residential uses#.

36-028 - Applicability of regulations in flood zones

LAST AMENDED

10/10/2013


36-03 - Definitions

LAST AMENDED

11/19/1987

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

36-10 - PERMITTED ACCESSORY OFF-STREET PARKING SPACES

LAST AMENDED

12/15/1961


LAST AMENDED

2/9/1994

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except as otherwise provided in Section 85-03 (Modifications of Use Regulations), #accessory# off-

street parking spaces may be provided for all permitted #uses# subject to the applicable provisions set forth in Section 36-12

(Maximum Size of Accessory Group Parking Facilities). Such #accessory# off-street parking spaces may be open or enclosed.

However, except as otherwise provided in Sections 73-49 (Roof Parking) or 74-531 (Additional parking spaces or roof parking

for accessory group parking facilities), no spaces shall be located on any roof which is immediately above a #story# other than a

#basement#.

36-12 - Maximum Size of Accessory Group Parking Facilities

LAST AMENDED

4/14/2010

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no #accessory group parking facility# shall contain more than 150 off-street parking spaces or, in the

case of a #Quality Housing building#, more than 200 spaces, except as provided in Section 36-13 (Modification of Maximum

Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to #accessory# off-street parking spaces provided in #public parking garages# in

accordance with the provisions of Section 36-57 (Accessory Off-street Parking Spaces in Public Garages).

36-13 - Modification of Maximum Size of Accessory Group Parking Facilities

LAST AMENDED

6/23/1966

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a #group parking facility# may contain additional spaces not to exceed 50 percent of the maximum

number otherwise permitted under the provisions of Section 36-12 (Maximum Size of Accessory Group Parking Facilities), if

the Commissioner of Buildings determines that such facility:

(a) has separate vehicular entrances and exits thereto, located not less than 25 feet apart;

(b) if #accessory# to a #commercial# or #community facility use#, is located on a #street# not less than 60 feet in width; and

(c) if #accessory# to a #commercial use#, has adequate reservoir space at the entrance to accommodate a minimum of 10

automobiles.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of such facility to

minimize adverse effects on the character of the surrounding area such as requirements for shielding of floodlights.


accordance with the provisions of Section 36-57 (Accessory Off- street Parking Spaces in Public Garages).

36-14 - Exceptions to Maximum Size of Accessory Group Parking Facilities

LAST AMENDED

6/23/1966

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the Board of Standards and Appeals may permit #accessory group parking facilities# with more than

150 spaces, in accordance with the provisions of Section 73-48 (Exceptions to Maximum Size of Accessory Group Parking

Facilities).


accordance with the provisions of Section 36-57 (Accessory Off- street Parking Spaces in Public Garages).

36-20 - REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR COMMERCIAL OR

COMMUNITY FACILITY USES

LAST AMENDED

12/15/1961


LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, #accessory# off-street parking spaces, open or enclosed, shall be provided in conformity with the

requirements set forth in the table in this Section for all #developments# after December 15, 1961, for the #commercial# or

#community facility uses# listed in the table. If an #enlargement# results in a net increase in the #floor area# or other applicable

unit of measurement specified in the table, the same requirements set forth in the table shall apply to such net increase in the

#floor area# or other specified unit of measurement. In addition, all other applicable requirements of this Chapter shall apply as

a condition precedent to the #use# of such #development# or #enlargement#.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such #uses# is #developed#, under single ownership or

control, shall be considered a single #zoning lot#.

For those #uses# for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall

determine the rated capacity as the number of persons that may be accommodated by such #uses#.

The requirements of this Section shall be waived in the following situations

(a) when, as a result of the application of such requirements, a smaller number of spaces would be required than is specified

by the provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number);

(b) when the Commissioner of Buildings has certified, in accordance with the provisions of Section 36-24 (Waiver of

Requirements for All Zoning Lots Where Access Would Be Forbidden), that there is no way to arrange the spaces with

access to the #street# to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the

Street);

(c) for houses of worship, in accordance with the provisions of Section 36-25 (Waiver for Locally Oriented Houses of

Worship);

(d) for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care

services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), pursuant to Section 36-27 (Waiver

for Certain Small Zoning Lots) in the Borough of Staten Island and Community District 10 in the Borough of the

Bronx.

REQUIRED OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES

Type of #Use# Parking Spaces Required in

Relation to Specified Unit of

Measurement

Districts

FOR COMMERCIAL

USES

Court houses None required C1-5 C1-6 C1-7 C1-8

C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

1 per 500 sq. ft. of #floor

area#

C1-1 C2-1 C3 C4-1


area#

C1-2 C2-2 C4-2 C8-1

1 per 1,000 sq. ft. of #floor

area#

C1-3 C2-3 C4-2A C4-3

C8-2


area#

C1-4 C2-4 C4-4 C4-5D

C8-3

Food stores with 2,000 or

more square feet of #floor

area# per establishment.

#Uses# in PRC-A in Use

Group 6

None required C1-5 C1-6 C1-7 C1-8

C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4


area#

C1-1 C2-1 C4-1


area#

C1-2 C2-2 C4-2 C8-1


area#

C1-3 C2-3 C4-2A C4-3

C7 C8-2


area#

C1-4 C2-4 C4-4 C4-5D

C8-3

General retail or service

#uses#. Food stores with less

than 2,000 square feet of

#floor area#. #Uses# in

PRC-B in Use Group 6, 8, 9,

10 or 12 or when permitted

by special permit; or #uses#


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

in PRC-B1 in Use Group 6,

7, 8, 9, 10, 11, 13, 14 or 16 1 per 150 sq. ft. of #floor

area#1

C1-1 C2-1 C3 C4-1


area#1

C1-2 C2-2 C4-2 C8-1


area#1

C1-3 C2-3 C4-2A C4-3

C7 C8-2


area#

C1-4 C2-4 C4-4 C4-5D

C8-3

Light manufacturing or

semi-industrial #uses#.

#Uses# in PRC-F in Use

Group 11 or 16, and with a

minimum of either 7,500

square feet of #floor area# or

15 employees

None required C5 C6 C8-4


area#, or 1 per 3 employees,

whichever will require a

larger number of spaces

C8-1 C8-2 C8-3

Low traffic-generating

#uses#. #Uses# in PRC-C in

Use Group 6, 7, 9, 12, 13, 14

or 16 or when permitted by

special permit


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4


area#

C1-1 C2-1 C3 C4-1


area#

C1-2 C2-2 C4-2 C8-1


area#

C1-3 C2-3 C4-2A C4-3

C7 C8-2


area#

C1-4 C2-4 C4-4 C4-5D

C8-3

Places of assembly. #Uses# in

PRC-D in Use Group 6, 8,

9, 10, 12, 13 or 14 or when

permitted by special permit


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

1 per 4 persons rated

capacity

C1-1 C2-1 C3 C4-1


capacity

C1-2 C2-2 C4-2 C8-1


capacity

C1-3 C2-3 C4-2A C4-3

C7 C8-2


capacity

C1-4 C2-4 C4-4 C4-5D

C8-3

Open commercial

amusements. #Uses# in

PRC-E in Use Group 13 or

15, or when permitted by

special permit

None required C8-3 C8-4

1 per 500 sq. ft. of #lot

area#2

C3 C8-1

1 per 2,000 sq. ft. of #lot

area#2

C7 C8-2

Storage or miscellaneous

#uses#. #Uses# in PRC-G in

Use Group 10 or 16, or

when permitted by special

permit, and with a

minimum of 10,000 square

feet of #floor area# or 15

employees

None required C4-4A C4-4L C4-5 C4-

5A C4-5X C4-6 C4-7 C5

C6 C8-4


area#3, or 1 per 3 employees,


lesser number of spaces

C4-1 C4-2 C4-3 C4-4

C4-5D C8-1 C8-2 C8-3

Other #commercial uses#.

#Uses# in PRC-H in Use

Group 5, 6, 7, 8, 9, 10, 13 or

14, or when permitted by

special permit

#Boatels#

1 per 2 guest rooms or suites C2 C3 C6 C8

Camps, overnight or day,

with a minimum of either

10,000 square feet of #lot

area# or 10 employees


area#, or 1 per 3 employees;


lesser number of spaces

C1 C2 C3 C7 C8

Docks for non-commercial

pleasure boats; rental boats;

ferries; sightseeing,

excursion or sport fishing

vessels; or passenger ocean

vessels

(see Section 62-43 for

parking requirement)

Funeral establishments None required C1-5 C1-6 C1-7 C1-8

C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C6 C8-4


area#

C1-1 C2-1 C4-1


area#

C1-2 C2-2 C4-2 C8-1


area#

C1-3 C4-3 C1-4 C4-4

C2-3 C2-4 C4-2A C4-5D

C8-2 C8-3

Hotels

(a) For that #floor area#

used for sleeping

accommodations


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

1 per 4 guest rooms or suites C2-1 C4-1

1 per 8 guest rooms or suites C2-2 C4-2 C8-1

1 per 12 guest rooms or

suites

C2-3 C2-4 C4-2A C4-3

C4-4 C4-5D C8-2 C8-3

(b) For that #floor area#

used for meeting halls,

auditoriums, eating or

drinking places, wedding

chapels or banquet halls, or

radio or television studios


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

1 per 4 persons-rated

capacity

C2-1 C4-1


capacity

C2-2 C4-2 C8-1


capacity

C2-3 C4-2A C4-3 C8-2


capacity

C2-4 C4-4 C4-5D C8-3

#Motels# or #tourist cabins# 1 per guest room or suite C2 C6 C8

Post offices None required C1-5 C1-6 C1-7 C1-8

C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4


area#

C1-1 C2-1 C3 C4-1


area#

C1-2 C2-2 C4-2 C8-1


area#

C1-3 C2-3 C4-2A C4-3

C8-2


area#

C1-4 C2-4 C4-4 C4-5D

C8-3

Prisons None required C4-4 C4-5 C4-6 C4-7 C6

C8-3 C8-4

1 per 10 beds-rated capacity C4-1 C4-2 C8-1

1 per 20 beds-rated capacity C4-2A C4-3 C8-2

Refreshment stands, drive-

ins


area#

C2-1 C2-2 C2-3 C7 C8-1

C8-2


area#

C2-4 C2-5 C2-6 C2-7

C2-8 C6 C8-3 C8-4

FOR COMMUNITY

FACILITY USES

Agricultural #uses#,

including greenhouses,

nurseries or truck gardens


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4


area# used for selling

purposes

C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1


area# used for selling

purposes

C1-3 C2-3 C4-2A C4-3

C8-2

Ambulatory diagnostic or

treatment health care

facilities listed in Use Group

4


C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4


area# and #cellar# space,

except #cellar# space used for

storage

C1-1 C2-1 C3 C4-1




storage

C1-2 C2-2 C4-2 C8-1




storage

C1-3 C2-3 C4-2A C4-3

C7 C8-2




storage

C1-4 C2-4 C4-4 C4-5D

C8-3


area# when located above the

first #story# ceiling

C1-1, C1-2, C2-1 and C2-2

Districts mapped within

R3-2 Districts




storage, when located in

#community facility

buildings# or when located

above the first #story# ceiling

in #buildings# with both

#commercial# and

#community facility uses#

C1-1, C1-2, C2-1 and C2-2


R1, R2, R3A, R3X and R3-

1 Districts, and C4-1 and

C4-2 Districts, in the

Borough of Staten Island

and Community District 10

in the Borough of the Bronx

Child care services, as listed

under the definition of

#school# in Section 12-10

(DEFINITIONS), in #lower

density growth management

areas#

1 per 1000 sq. ft. when

located in #community

facility buildings# or when

located above the first

#story# ceiling in #buildings#

with both #commercial# and

#community facility uses#

C1-1, C1- 2, C2-1 and C2-2


R1, R2, R3A, R3X and R3-

1 Districts, and C4-1 and

C4-2 Districts, in the

Borough of Staten Island

and Community District 10

in the Borough of the Bronx

Clubs, community centers

or settlement houses;

philanthropic or non-profit

institutions without sleeping

accommodations excluding

ambulatory diagnostic or

treatment health care

facilities listed in Use Group

4; golf course club houses;

non-commercial recreation


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4


capacity

C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1

centers; or welfare centers1 per 20 persons-rated

capacity

C1-3 C2-3 C4-2A C4-3

C7 C8-2

College student dormitories

and fraternity or sorority

student houses


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

1 per 6 beds C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2

1 per 12 beds C1-3 C2-3 C4-2A C4-3

Colleges, universities, or

seminaries

(a) For that #floor area#

used for classrooms,

laboratories, student centers

or offices


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4


area#

C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1


area#

C1-3 C2-3 C4-2A C4-3

C8-2

(b) For that #floor area#

used for theaters,

auditoriums, gymnasiums or

stadiums


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4


capacity

C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1


capacity

C1-3 C2-3 C4-2A C4-3

C7 C8-2

Hospitals and related

facilities4

1 per 5 beds C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1

1 per 8 beds C1-3 C1-4 C2-3 C2-4

C4-2A C4-3 C4-4 C4-5D

C8-2 C8-3

1 per 10 beds C1-5 C1-6 C1-7 C1-8

C1-9 C2-5 C2-6 C2-7

C2-8 C4-4A C4-4L C4-5

C4-5A C4-5X C4-6 C4-7

C5 C6 C8-4

Houses of worship,

applicable only to the

facility’s largest room of

assembly; however, rooms

separated by movable

partitions shall be

considered a single room

None required C1 and C2 Districts

mapped within R6, R7, R8,

R9 or R10 Districts, C1-6

C1-7 C1-8 C1-9 C2-6

C2-7 C2-8 C4-2A C4-3

C4-4 C4-5 C4-6 C4-7 C5

C6 C8-2 C8-3 C8-4


capacity

C1 and C2 Districts

mapped within R1, R2 or

R3 Districts, C3 C4-1


capacity

C1 and C2 Districts

mapped within R4 and R5

Districts, C4-2 C8-1

Libraries, museums or non-

commercial art galleries5


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6


area#

C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2


area#

C1-3 C2-3 C4-2A C4-3

Outdoor skating rinks None required C1-4 C1-5 C1-6 C1-7

C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4

1 per 800 sq. ft. of #lot area# C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1


area#

C1-3 C2-3 C4-2A C4-3

C7 C8-2

Outdoor tennis courts None required C1-4 C1-5 C1-6 C1-7

C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

C8-3 C8-4

1 per 2 courts C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2 C8-1

1 per 5 courts C1-3 C2-3 C4-2A C4-3

C7 C8-2

Philanthropic or non-profit

institutions with sleeping

accommodations; #long-

term care facilities#, except

that independent living

#dwelling units# within a

continuing care retirement

community shall be subject

to the #accessory# off- street

parking requirements of

Section 36-30. For the

purposes of applying such

requirements, #dwelling

units# shall be as defined in

Section 28-02


C1-8 C1-9 C2-4 C2-5

C2-6 C2-7 C2-8 C4-4

C4-5 C4-6 C4-7 C5 C6

1 per 10 beds C1-1 C1-2 C2-1 C2-2 C3

C4-1 C4-2

1 per 20 beds C1-3 C2-3 C4-2A C4-3

NOTE: PRC = Parking Requirement Category

1 The parking requirements for ambulatory diagnostic or treatment facilities listed in Use Group 4 and #uses# in PRC-B1

may be reduced by permit of the Board of Standards and Appeals in accordance with the provisions of Section 73-44

(Reduction of Parking Spaces for Ambulatory Diagnostic or Treatment Facilities Listed in Use Group 4 and Uses in

Parking Requirement Category B1)

2 In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees

3 For predominantly open storage of miscellaneous #uses#, the #lot area# used for such #uses# shall be considered as #floor

area# for the purposes of these requirements

4 Requirements are in addition to area utilized for ambulance parking

5 Requirements apply only to the #floor area# not used for storage

36-22 - Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking

Requirements

LAST AMENDED

9/9/2004

C1 C2 C3 C4 C5 C6 C7 C8

In all districts indicated, where any #building# or #zoning lot# contains two or more #uses# having different parking

requirements as set forth in the following Sections, the parking requirements for each type of #use# shall apply to the extent of

that #use#:


Section 36-31 (General Provisions).

However, the number of spaces required for houses of worship or for #uses# in parking requirement category D (Places of

Assembly) when in the same #building# or on the same #zoning lot# as any other #use# may be reduced by the Board of

Standards and Appeals in accordance with the provisions of Sections 73-431 (Reduction of parking spaces for houses of

worship) or 73-432 (Reduction of parking spaces for places of assembly).

36-23 - Waiver of Requirements for Spaces Below Minimum Number

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements for #accessory# off-street parking spaces shall be subject to the waiver provisions of

this Section.

36-231 - In districts with high, medium or low parking requirements

LAST AMENDED

3/22/2016

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3 C7 C8-1 C8-2

In the districts indicated, except for the #uses# listed in Section 36-233 (Exceptions to application of waiver provisions), and

except as otherwise provided in Section 36-27 (Waiver for Certain Small Zoning Lots), the parking requirements set forth in

Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking

Requirements) shall not apply to #commercial uses# in parking requirement category A, B, B1, C, D, E or H, or to permitted

#community facility uses#, if the total number of #accessory# off-street parking spaces required for all such #uses# on the#

zoning lot# is less than the number of spaces set forth in the following table:

Districts Number of Spaces

C1-1 C2-1 C3 C4-1 10

C1-2 C2-2 C4-2 C8-1 15

C1-3 C2-3 C4-2A C4-3 C7 C8-2 25

36-232 - In districts with very low parking requirements

LAST AMENDED

6/21/1973

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In all districts indicated, except for the #uses# listed in Section 36-233 (Exceptions to application of waiver provisions), the

parking requirements set forth in Section 36-21 (General Provisions) or Section 36-22 (Special Provisions for a Single Zoning

Lot With Uses Subject to Different Parking Requirements) shall not apply to:

(a) #commercial uses# in parking requirement category A or B, if the total number of #accessory# off-street parking spaces

required for all such #uses# on the #zoning lot# is less than 40, or 100 in the case of C6-1A Districts; or

(b) #commercial uses# in any one of parking requirement categories B1, C, D, E or H, or a permitted #community facility

use#, if the number of #accessory# off-street parking spaces required for the #uses# in each such category or for each

such #community facility use# is less than 40.

36-233 - Exceptions to application of waiver provisions

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the waiver provisions of Section 36-23 (Waiver of Requirements for Spaces below Minimum

Number) shall not apply to the following types of #uses#:

(a) #Manufacturing# or semi-industrial #uses# in parking requirement category F in Use Group 11 or 16.

(b) Storage or miscellaneous #uses# in parking requirement category G in Use Group 16, or when permitted by special

permit.

(c) The following other #commercial uses# in parking requirement category H in Use Group 7 or 13, or when permitted by

special permit:

#Boatels#

Camps, overnight or day

#Motels# or #tourist cabins# Refreshment stands, drive-in.

(d) The following #community facility uses#:

Agricultural #uses#, including greenhouses, nurseries, or truck gardens

Outdoor tennis courts.

36-24 - Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden

LAST AMENDED

4/14/2010

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a

Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to any #building# or #zoning lot# as to

which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the #street#

to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of

Buildings may refer such matter to the Department of Transportation for a report and may base the determination on such

report.

36-25 - Waiver for Locally Oriented Houses of Worship

LAST AMENDED

9/9/2004

C1 C2 C3 C4 C8

In the districts indicated, the requirements set forth in Sections 36-21 (General Provisions) and 36-22 (Special Provisions for a

Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to a house of worship, provided the

Chairperson of the City Planning Commission certifies that:

(a) seventy-five percent or more of the congregants of such house of worship reside within a three-quarter mile radius of the

house of worship;

(b) the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 36-

23 (Waiver of Requirements for Spaces Below Minimum Number); and

(c) such house of worship shall not include, as an #accessory use#, the leasing, licensing or any other grant of permission to

utilize a room or other space in such house of worship for the operation of a business engaged in serving food or

beverages for functions, occasions or events.

For the purposes of determining the number of spaces required pursuant to this Section, the product of the actual percentage of

congregants living within a three-quarter mile radius of the house of worship, computed for the purposes of paragraph (a) of this

Section, multiplied by the persons-rated capacity of the largest room of assembly, shall be subtracted from the persons- rated

capacity of the largest room of assembly.

The provisions of paragraph (c) of this Section are not intended to restrict the lease, license or other permission to use a room or

other space in a house of worship, when given by the house of worship to a person in order to hold a function, occasion or event,

where such person hires or retains a business engaged in serving food or beverages for purposes of such function, occasion or

event, and provided that such business is not located on the same #zoning lot# as the house of worship, makes its services

available to non-congregants and does not operate its business substantially for the benefit or convenience of congregants or

visitors to the house of worship.

A certification pursuant to this Section shall be granted on condition that the certificate of occupancy for such house of worship

be marked or amended to provide that #accessory uses# shall not include the utilization of a room or other space in such house of

worship for the operation of a business engaged in serving food or beverages for functions, occasions or events. The Chairperson

may impose additional conditions and safeguards to ensure compliance with the provisions of this Section, in the form of a

signed declaration of restrictions. The filing of any such declaration in the Borough Office of the Register of the City of New

York shall be precondition for the issuance of a building permit.

Within 45 days of receipt of a complete application, including documentation of the residence of congregants in a form

acceptable to the Department of City Planning, the Chairperson shall either certify that the proposed #development# or

#enlargement# complies with the requirements of this Section or disapprove such application, citing the nature of any failure to

comply.


LAST AMENDED

9/9/2004

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations

having different requirements for #accessory# off- street parking spaces, the provisions set forth in Article VII, Chapter 7, shall

apply.

36-27 - Waiver for Certain Small Zoning Lots

LAST AMENDED

1/18/2011

C1-1 C1-2 C2-1 C2-2 C4-1 C4-2

In C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts and in C4-1 and C4-2 Districts,

in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, for #zoning lots# with a #lot area#

of 4,000 square feet or less with #buildings# containing either ambulatory diagnostic or treatment health care facilities, as listed

in Section 22-14 (Use Group 4), or child care services, as listed under the definition of #school# in Section 12-10

(DEFINITIONS), no #accessory# off-street parking spaces shall be required, provided such #zoning lot# existed both on

January 18, 2011, and on the date of application for a building permit.

36-30 - REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES WHEN

PERMITTED IN COMMERCIAL DISTRICTS

LAST AMENDED

12/15/1961


LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, #accessory# off-street parking spaces, open or enclosed, shall be provided for all #dwelling units#

constructed after December 15, 1961, in accordance with the provisions of the following Sections and the other applicable

provisions of this Chapter, as a condition precedent to the #use# of such #dwelling unit#:

Section 36-32 (Requirements Where Individual Parking Facilities Are Provided)

Section 36-33 (Requirements Where Group Parking Facilities Are Provided)

Section 36-34 (Modification of Requirements for Small Zoning Lots)

Section 36-35 (Modification of Requirements for Income- Restricted Housing Units or Affordable Independent

Residences for Seniors)

Section 36-37 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-39 (Special Provisions for Zoning Lots Divided by District Boundaries)

For #dwelling units# constructed pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 15,

1961, off-street parking spaces #accessory# to such #dwelling units# cannot be removed if such spaces were required by such

zoning regulations, unless such spaces would not be required pursuant to the applicable zoning regulations currently in effect.

In addition, #rooming units# constructed pursuant to the zoning regulations in effect after July 20, 1950 and prior to March 22,

2016, shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016. For the

purposes of applying such provisions to #rooming units#, three #rooming units# shall be considered the equivalent of one

#dwelling unit#.

36-311 - Application of requirements to conversions in C1 or C2 Districts

LAST AMENDED

3/22/2016

C1 C2

(a) In the districts indicated, where such districts are mapped within R1, R2, R3, R4, R5, R6 or R7 Districts, except R7-2

Districts, the requirements of Section 36-31 (General Provisions) shall not apply to the additional #dwelling units#

created by #conversions# on #zoning lots# with less than 5,000 square feet of #lot area#.

(b) In the districts indicated, where such districts are mapped within R7-2, R8, R9 or R10 Districts, the requirements of

Section 36-31 shall not apply to the additional #dwelling units# created by #conversions# on #zoning lots# of any size.

36-312 - Application of requirements to conversions in C3, C4, C5 and C6 Districts

LAST AMENDED

3/22/2016

C3 C4-1 C4-2 C4-3

(a) In the districts indicated, the requirements of Section 36-31 (General Provisions) shall not apply to the additional

#dwelling units# created by #conversions# on #zoning lots# with less than 5,000 square feet of #lot area#.

C4-4 C4-5 C4-6 C4-7 C5 C6

(b) In the districts indicated, no #accessory# off-street parking is required for additional #dwelling units# created by

#conversion# within #buildings# existing prior to December 15, 1961.

36-32 - Requirements Where Individual Parking Facilities Are Provided

LAST AMENDED

12/15/1961

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5 C3 C4-1 C4-2 C4-3

In the districts indicated, where #group parking facilities# are not provided, the requirements for #accessory# off-street parking

spaces are as set forth in this Section.

36-321 - In C1 or C2 Districts governed by surrounding Residence District bulk regulations

LAST AMENDED

4/14/2010

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R1, R2, R3, R4 or R5 Districts, and where #group parking

facilities# are not provided, one #accessory# off-street parking space, open or enclosed, shall be provided for each #dwelling

unit#.

36-322 - In C3 or C4 Districts

LAST AMENDED

9/28/2004

C3 C4-1 C4-2 C4-3

In the districts indicated, where #group parking facilities# are not provided, one #accessory# off-street parking space, open or

enclosed, shall be provided for each #dwelling unit#, except that in C3A Districts, the provisions applicable to R3 Districts in

Sections 25-22 (Requirements Where Individual Parking Facilities Are Provided) and 25-60 (ADDITIONAL REGULATIONS

FOR PERMITTED OR REQUIRED ACCESSORY OFF-STREET PARKING SPACES) shall apply.

36-33 - Requirements Where Group Parking Facilities Are Provided

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In the districts indicated, for #residences developed# under single ownership or control where #group parking facilities# are

provided, the number of required #accessory# off-street parking spaces is as set forth in Section 25-23 (Requirements Where

Group Parking Facilities Are Provided), for the applicable #Residence District#, as determined in accordance with Section 35-22

or 35-23. For the purpose of determining the number of required #accessory# off-street parking spaces for such #residences# in

C1-6, C2-6, C4-4, C4-5 and C6-1 Districts, the regulations of an R7-2 District shall apply. For C1 or C2 Districts mapped

within #lower density growth management areas#, the number of required #accessory# off-street parking spaces for such

#residences# shall be 100 percent of the number of new #dwelling units#, and for C1 or C2 Districts mapped within R5A and

R5B Districts, the number of required #accessory# off-street parking spaces for such #residences# shall be in accordance with an

R5 District without a letter suffix.

36-34 - Modification of Requirements for Small Zoning Lots

LAST AMENDED

2/9/1994

C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated for small #zoning lots#, the requirements set forth in Section 36-33 (Requirements Where Group

Parking Facilities Are Provided), shall be modified in accordance with the provisions set forth in this Section.

36-341 - Reduced requirements in C1 or C2 Districts governed by surrounding Residence

District bulk regulations

LAST AMENDED

3/22/2016

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for #zoning lots# of 10,000 or 15,000 square feet or less, the number of required #accessory# off- street

parking spaces is determined by the #Residence District# within which such #Commercial District# is mapped, in accordance

with the following table:

REDUCED REQUIREMENTS FOR SMALL ZONING LOTS

District within which C1 or

C2 District is Mapped

#Lot Area# Parking Spaces Required as a

Percent of total #Dwelling

Units#

R6 R7-1* R7B

R7-1 R7A R7D R7X

10,000 square feet or less 50

30

R7-2

R8** R9 R10

10,001 to 15,000 square feet 30

20

* In C1 or C2 Districts mapped within R7-1 Districts within #lower density growth management areas# in Community

District 10, Borough of the Bronx

** In R8B Districts, the parking requirements may not be reduced

36-342 - Reduced requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts

LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, for #zoning lots# of 10,000 or 15,000 square feet or less, the number of required #accessory# off- street

parking spaces is as set forth in the following table:

REDUCED REQUIREMENTS FOR SMALL ZONING LOTS

District #Lot Area# Parking Spaces Required as a

Percent of Total #Dwelling

Units#

C4-2 C4-3 10,000 square feet or less 50

C1-6 C2-6 C4-4 C4-5 C6-1

C1-7 C1-8 C1-9 C2-7 C2-8

C4-6 C4-7 C5 C6-2 C6-3

C6-4 C6-5 C6-6 C6-7 C6-8

C6-9

10,001 to 15,000 square feet 30

20

36-343 - Waiver of requirements in C1 or C2 Districts governed by surrounding Residence

District bulk regulations

LAST AMENDED

8/14/1987

C1-4 C1-5 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the requirements set forth in Section 36-33

(Requirements Where Group Parking Facilities Are Provided) shall be waived for #zoning lots# of 10,000 square feet or less,

except in R8B Districts.

36-344 - Waiver of requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts

LAST AMENDED

12/15/1961

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are

Provided) shall be waived for #zoning lots# of 10,000 square feet or less.

36-345 - Waiver of requirements for small zoning lots in certain districts in the Borough

of Staten Island

LAST AMENDED

1/18/2011

C1 C2

In the districts indicated mapped within R4, R5 and R6 Districts in the Borough of Staten Island, for #zoning lots# with a #lot

area# of 4,000 square feet or less, no #accessory# off-street parking spaces shall be required, provided such #zoning lot# existed

both on January 18, 2011, and on the date of application for a building permit.

36-35 - Modification of Requirements for Income-Restricted Housing Units or Affordable

Independent Residences for Seniors

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, the number of required #accessory# off-street parking spaces is as set forth in Section 25-25

(Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other

Government-Assisted Dwelling Units) for the applicable #Residence District#, as determined in accordance with Sections 35-22

or 35- 23.

36-36 - Waiver of Requirements for Small Number of Spaces

LAST AMENDED

3/22/2016

C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall be subject to the waiver

provisions of this Section.

36-361 - In C1 or C2 Districts governed by surrounding Residence District bulk regulations

LAST AMENDED

2/2/2011

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R6, R7, R8, R9 or R10 Districts, the requirements set forth in

Section 36-31 (General Provisions) shall be waived if the required number of #accessory# off-street parking spaces resulting from

the application of such requirements is no greater than the maximum number as set forth in the following table. The maximum

number is determined by the #Residence District# within which the #Commercial District# is mapped.

NUMBER OF SPACES FOR WHICH REQUIREMENTS ARE WAIVED

#Residence District# within which C1

or C2 District is Mapped

Maximum Number of

Spaces Waived

R5D 1

R6 R7-1* R7B 5

R7-2 R7A R7D R7X R8 R9 R10 15

* For #Quality Housing buildings# with #income-restricted housing units# utilizing the parking reductions of Section 25-

251, or for #Quality Housing buildings# with other government-assisted #dwelling units# utilizing the parking

reductions of Section 25-253, the maximum number of spaces waived shall be 15.

However, the following provisions shall apply:

(a) In C1 or C2 Districts mapped within R5D Districts, the provisions of this Section shall apply only to #zoning lots#

existing both on June 29, 2006, and on the date of application for a building permit; and

(b) In C1 or C2 Districts mapped within R6 and R7 Districts in #lower density growth management areas# in Community

District 10 in the Borough of the Bronx, the provisions of this Section, inclusive, shall only apply to #zoning lots#

existing both on March 25, 2010, and on the date of application for a building permit.

36-362 - In other C1 or C2 Districts or in C4, C5 or C6 Districts

LAST AMENDED

3/22/2016

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall be waived if the required

number of #accessory# off-street parking spaces resulting from the application of such requirements is no greater than the

maximum number as set forth in the following table:

Districts Maximum Number of Spaces Waived

C4-2 C4-3 5

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7

C2-8 C4-4 C4-5 C4-6 C4-7 C5

C6

15

36-363 - For conversions in C1 or C2 Districts governed by surrounding Residence District

bulk regulations

LAST AMENDED

2/2/2011

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated*, where such districts are mapped within R6, R7-1, R7A, R7B, R7D or R7X Districts, the

requirements set forth in Section 36-311 (Application of requirements to conversions in C1 or C2 Districts) shall be waived if

the required number of #accessory# off-street parking spaces resulting from the application of such requirements is 20 spaces or

less, provided that the Board of Standards and Appeals may waive requirements for a greater number of spaces in accordance

with the provisions of Section 73-46 (Waiver of Requirements for Conversions).

* No #accessory# off-street parking is required for additional #dwelling units# created by #conversions# in C1 or C2

Districts mapped within R7-2, R8, R9, or R10 Districts. See Section 36-311 (Application of requirements to

conversions in C1 or C2 Districts)

36-364 - For conversions in C4 Districts

LAST AMENDED

2/2/2011

C4-2 C4-3

In the districts indicated*, the requirements set forth in Section 36-312 (Application of requirements to conversions in C3, C4,

C5 and C6 Districts) shall be waived, if the required number of #accessory# off-street parking spaces resulting from the

application of such requirements is 20 spaces or less, provided that the Board of Standards and Appeals may waive requirements

for a greater number of spaces in accordance with the provisions of Section 73-46 (Waiver of Requirements for Conversions).

* No #accessory# off-street parking is required for additional #dwelling units# created by #conversions# in the districts not

indicated in Section 36-312 (Application of requirements to conversions in C3, C4, C5 and C6 Districts).

36-37 - Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking

Requirements

LAST AMENDED

9/9/2004

C1 C2 C3 C4 C5 C6

In the districts indicated, where any #building# or #zoning lot# contains two or more #uses# having different parking

requirements as set forth in the following Sections, the parking requirements for each type of #use# shall apply to the extent of

that #use#:



However, the number of spaces required for houses of worship or for #uses# in parking requirement category D (Places of

Assembly) when in the same #building# or on the same #zoning lot# as any other #use# may be reduced by the Board of

Standards and Appeals in accordance with the provisions of Section 73-43 (Reduction of Parking Spaces for House of Worship

or Places of Assembly).


LAST AMENDED

4/14/2010

C1 C2 C3 C4 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall not apply to any #building# or

#zoning lot# as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with

access to the #street# to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street).

The Commissioner of Buildings may refer such matter to the Department of Transportation for report and may base his

determination on such report.


LAST AMENDED

8/14/1987

C1 C2 C3 C4 C5 C6

In the districts indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations

having different requirements for #accessory# off-street parking spaces, the provisions set forth in Article VII, Chapter 7, shall

apply.

36-40 - RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES

LAST AMENDED

12/15/1961


LAST AMENDED

9/9/2004

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces, open or enclosed, #accessory# to #residences# or

to #commercial# or #community facility uses# shall be provided on the same #zoning lot# as the #building# or #use# to which

such spaces are #accessory#, except as provided in the following Sections:

Section 36-42 (Off-site Spaces for Residences)

Section 36-43 (Off-site Spaces for Commercial or Community Facility Uses)

Section 36-44 (Joint and Shared Facilities)

Section 36-45 (Additional Regulations for Required Spaces When Provided Off Site)

Section 73-45 (Modification of Off-site Parking Provisions)

Such exceptions to the requirement that the spaces be provided on the same #zoning lot# as the #building# or #use# to which

they are #accessory# shall not apply in the case of spaces provided in a permitted #public parking garage# in accordance with the

provisions of Section 36-57 (Accessory Off-street Parking Spaces in Public Garages).

36-42 - Off-site Spaces for Residences

LAST AMENDED

7/6/1972

C1 C2 C3 C4 C5 C6

In the districts indicated, all permitted or required off-street parking spaces #accessory# to #residences# may be provided on a

#zoning lot# other than the same #zoning lot# as the #residences# to which such spaces are #accessory#, provided that in such

instances all such spaces are:

(a) located in a district other than a #Residence District#, or provided in a joint facility located in a district other than an R1

or R2 District on the same #zoning lot# as one of the #buildings# to which it is #accessory#, and conforming to the

provisions of Section 36-44 (Joint and Shared Facilities); and

(b) not further than the maximum distance from the #zoning lot# specified in this Section.

36-421 - Maximum distance from zoning lot

LAST AMENDED

3/22/2016

C1 C2 C3 C4 C5 C6

In the districts indicated, all such spaces shall not be further than the distance set forth in the following table from the nearest

boundary of the #zoning lot# occupied by the #residences# to which they are #accessory#.

District Maximum Distance from the #Zoning

Lot#

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3

C4-1 C4-2 C4-3

600 feet

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4

C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6

C4-7 C5 C6

1,000 feet

36-43 - Off-site Spaces for Commercial or Community Facility Uses

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces #accessory# to #commercial# or #community

facility uses# may be provided on a #zoning lot# other than the same #zoning lot# as such #uses# but within the same district or

an adjoining #Commercial District# or #Manufacturing District#. However, all required spaces shall not be further than 600 feet

from the nearest boundary of the #zoning lot# on which such #uses# are located.

36-44 - Joint and Shared Facilities

LAST AMENDED

9/9/2004

36-441 - Joint facilities

LAST AMENDED

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, required #accessory# off-street parking spaces may be provided in facilities designed to serve jointly

two or more #buildings# or #zoning lots#, provided that:

(a) the number of spaces in such joint facilities shall be not less than that required in the following Sections for the combined

number of #dwelling units# or the combined #floor area#, #lot area#, rated capacity, or other such unit of measurement

in such #buildings# or #zoning lots#:


Section 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-31 (General Provisions);

(b) all such spaces are located in a district where they are permitted under the applicable provisions of Sections 36-42 (Off-

Site Spaces for Residences), 36-43 (Off-Site Spaces for Commercial or Community Facility Uses) or 73-45 (Modification

of Off-site Parking Provisions); and

(c) the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the

Commissioner of Buildings.

36-442 - Shared parking facilities for houses of worship

LAST AMENDED

9/9/2004

In C1 or C2 Districts mapped within R1, R2, R3, R4 or R5 Districts and in C3, C4-1, C4-2 and C8-1 Districts, required

#accessory# off-street parking spaces may be provided for houses of worship in facilities designed to be shared with other

permitted non-#residential uses#, in any district, provided that:

(a) no more than 25 percent of the spaces in such facilities may be used to satisfy the parking requirement for both the house

of worship and other permitted non-#residential uses#, except that such percentage may be increased by the

Commissioner of Buildings if it can be demonstrated that such additional parking spaces would not be used by the

house of worship and other permitted non-#residential uses# at the same times;

(b) all such spaces are no further than 600 feet from the nearest boundary of the #zoning lot# containing the house of

worship; and

(c) all such spaces conform to all applicable regulations of the district in which they are located.

36-45 - Additional Regulations for Required Spaces When Provided Off Site

LAST AMENDED

9/9/2004

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, when required #accessory# off- street parking spaces are provided off the site in accordance with the

provisions of Sections 36-42 (Off-site Spaces for Residences), 36-43 (Off-site Spaces for Commercial or Community Facility

Uses) or 36-44 (Joint and Shared Facilities), the following additional regulations shall apply:

(a) such spaces shall be in the same ownership (single fee ownership or alternative ownership arrangements of the #zoning

lot# definition in Section 12-10) as the #use# to which they are #accessory#, and shall be subject to deed restrictions filed

in an office of record, binding the owner and his heirs and assigns to maintain the required number of spaces available

throughout the life of such #use#; and

(b) such spaces shall conform to all applicable regulations of the district in which they are located.

36-46 - Restrictions on Use of Accessory Off-street Parking Spaces

LAST AMENDED

9/29/2010

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required #accessory# off-street parking spaces, open or enclosed, shall be used

primarily for the owners, occupants, employees, customers, residents or visitors of the #use# or #uses# to which such spaces are

#accessory#, except as set forth in this Section.

(a) Any off-street parking spaces #accessory# to #residences# which are not needed by the occupants of such #residences#,

may be rented to persons who are not occupants of such#residences# for the accommodation of private passenger motor

vehicles used by such persons or may be occupied by #car sharing vehicles#, only as set forth in the following paragraphs:

(1) In C1 or C2 Districts mapped within #Residence Districts#

In C1 or C2 Districts mapped within R3, R4 or R5A Districts, the number of spaces occupied by #car sharing

vehicles# shall not exceed 10 percent of all parking spaces in #group parking facilities# containing 20 or more

spaces. In C1 or C2 Districts mapped within R5 Districts, except R5A Districts, and in R6, R7, R8, R9 or R10

Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed five spaces or 20 percent of all

parking spaces, whichever is greater.

(2) In C1 or C2 Districts not mapped within #Residence Districts#, or in C3, C4, C5, C6 Districts

In the districts indicated, except C3 Districts, the number of spaces occupied by #car sharing vehicles# shall not

exceed five spaces or 20 percent of all parking spaces, whichever is greater. In C3 Districts, the number of spaces

occupied by #car sharing vehicles# shall not exceed 10 percent of all parking spaces in #group parking facilities#

containing 20 or more spaces.

Such spaces provided pursuant to paragraph (a) of this Section shall be made available to the occupants of the

#residences# to which they are #accessory# within 30 days after written request is made to the landlord.

(b) #Car sharing vehicles# may occupy off-street parking spaces #accessory# to a non-#residential use# in #group parking

facilities# containing 20 spaces or more; however, the number of spaces so occupied shall not exceed 10 percent of all

parking spaces in such #group parking facilities#.

In addition, the rental of such spaces to non-residents shall be subject to the restrictions applying to the specified districts as set

forth in Sections 36-461 and 36-462, except that such restrictions shall not apply to spaces occupied by #car sharing vehicles#.

36-461 - Restrictions on rental of spaces accessory to residences in C1 or C5 Districts

LAST AMENDED

12/15/1961

C1 C5

In the districts indicated, off-street parking spaces #accessory# to #residences# shall not be rented for periods of less than one

week or more than one month to persons who are not occupants of such #residences#, provided, however that rental for shorter

periods may be permitted by the Board of Standards and Appeals in accordance with the provisions of Section 73-47 (Rental of

Accessory Off-street Parking Spaces to Non-Residents).

36-462 - Restrictions on rental of spaces accessory to residences in C3 Districts

LAST AMENDED

12/15/1961

C3

In the district indicated, off-street parking spaces #accessory# to #residences# shall not be rented for periods of less than one

week or more than one month to persons who are not occupants of such #residences#.

36-47 - Restrictions on Automotive Repairs and Sale of Motor Fuel

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, automotive repairs or the sale of motor fuel, motor oil or automotive accessories are not permitted in

connection with the operation of #accessory# off-street parking spaces. However, where such parking spaces are provided in a

#building or other structure#, unattached to the #building# containing #residences#, minor automotive repairs (not including

body work) are permitted, and not more than three motor fuel pumps may be provided. However, no motor fuel shall be sold to

persons who are not using the parking spaces. The provisions of this Section are not applicable to #accessory# off-street parking

spaces provided in #public parking garages#.

36-50 - ADDITIONAL REGULATIONS FOR PERMITTED OR REQUIRED ACCESSORY OFF- STREET

PARKING SPACES

LAST AMENDED

12/15/1961


LAST AMENDED

9/29/2010

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required #accessory# off-street parking spaces shall conform to the provisions of

Section 36-50, inclusive.

Special regulations applying to #large-scale community facility developments# or #large-scale residential developments# are set

forth in Article VII, Chapter 9 or 8, respectively.

36-52 - Size, Location and Identification of Spaces

LAST AMENDED

9/29/2010

C1 C2 C3 C4 C5 C6 C7 C8

In the districts indicated, all #accessory# off-street parking spaces shall comply with the size and location provisions of this

Section.

36-521 - Size of spaces

LAST AMENDED

4/30/2012

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for all #accessory# off-street parking spaces, open or enclosed, each 300 square feet of unobstructed

standing or maneuvering area shall be considered one parking space. However, an area of less than 300 square feet, but in no

event less than 200 square feet, may be considered as one space, where the layout and design of the parking area are adequate to

permit convenient access and maneuvering in accordance with regulations promulgated by the Commissioner of Buildings, or

where the developer or applicant for a building permit or certificate of occupancy certifies that such spaces will be fully attended.

Driveways used to access required parking spaces must be unobstructed for a width of at least eight feet and a height of eight feet

above grade and, if connecting to a #street#, such driveway may only be accessed by a curb cut.

In any case where a reduction of the required area per parking space is permitted on the basis of the developer's certification that

such spaces will be fully attended, it shall be set forth in the certificate of occupancy that paid attendants employed by the

owners or operators of such spaces shall be available to handle the parking and moving of automobiles at all times when such

spaces are in use.

In no event shall the dimensions of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.

In the Borough of Staten Island and in #lower density growth management areas# in Community District 10 in the Borough of

the Bronx, for #commercial# or #community facility uses#, each required parking space not within a #building# shall be within a

parking stall accessed from a travel aisle, where each such stall and aisle complies with the maneuverability standards of

paragraph (b) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations). The use of an attendant shall be

permitted only where necessary to accommodate additional, non-required parking spaces within the travel aisles. For such

parking areas with 18 or more spaces, or greater than 6,000 square feet in area, the provisions of Section 37-90 (PARKING

LOTS) shall also apply.

36-522 - Location of parking spaces in certain districts

LAST AMENDED

10/11/2012

C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-4L C4-5A C4-5D C4-5X

C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-4A C6-4X

In the districts indicated, and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B,

R8X, R9A, R9D, R9X, R10A and R10X Districts, and for #Quality Housing buildings# in C1, C2, C4, C5 and C6 Districts

without a letter suffix, all #accessory# off-street parking spaces shall comply with the provisions of this Section.

(a) #Buildings# other than #mixed buildings#

For any #block# front that is entirely within a #Commercial District#, #accessory# off-street parking spaces shall be

located only within a #building# or in any open area on the #zoning lot# that is not between the #street line# and the

#street wall# of the #building# or its prolongation. Where a #zoning lot# is bounded by more than one such #street

line#, this provision shall apply along only one #street line#.

(b) #Mixed buildings#

For #mixed buildings#, all #accessory# off-street parking spaces shall be located only within a #building# or in any open

area on the #zoning lot# that is not between the #street line# and the #street wall# of the #building# or its prolongation.

36-523 - Identification of car sharing vehicles

LAST AMENDED

9/29/2010

C1 C2 C3 C4 C5 C6 C7 C8

Within an off-street parking facility that contains #car sharing vehicles#, an information plaque shall be placed within 20 feet of

either the entrance to the parking facility or the attendant’s station, at a location accessible to and visible to users of such facility.

The plaque shall be fully opaque, non-reflective and constructed of permanent, highly durable materials and shall contain the

following statements in lettering no less than one inch high:

(a) “Total parking spaces in facility:” which shall specify the total number of parking spaces permitted within such parking

facility;

(b) “Maximum number of car sharing vehicles:” which shall specify the total number of #car sharing vehicles# permitted

within such parking facility; and

(c) where such parking facility contains #accessory residential# parking spaces, “Accessory residential parking spaces shall be

made available to residents of this building within 30 days after a written request is made to the landlord”.

36-53 - Width of Curb Cuts and Location of Access to the Street

LAST AMENDED

4/14/2010

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the entrances and exits of all permitted or required #accessory group parking facilities# and all

permitted #public parking lots# or #public parking garages# with 10 or more spaces, shall be located not less than 50 feet from

the intersection of any two #street lines#. However, access located within 50 feet of such intersection may be permitted if the

Commissioner of Buildings or, in the case of #public parking lots# or #public parking garages# permitted in accordance with the

provisions of Article VII, Chapter 4, the City Planning Commission, certifies that such a location is not hazardous to traffic

safety and not likely to create traffic congestion. The Commissioner of Buildings or the City Planning Commission may refer

such matter to the Department of Transportation for a report and may base its determination on such report.

The waiver provisions of Sections 36-24 or 36-38 (Waiver of Requirements for All Zoning Lots Where Access Would Be

Forbidden) shall apply when the Commissioner of Buildings has certified that there is no way to arrange the spaces with access

to the #street# to conform to the provisions of this Section.

36-531 - Location of curb cuts in C1 or C2 Districts mapped within R5D Districts

LAST AMENDED

6/29/2006

In C1 or C2 Districts mapped within R5D Districts, a minimum distance of 34 feet of uninterrupted curb space shall be

provided between all curb cuts constructed after June 29, 2006.

Furthermore, no curb cuts shall be permitted on the #wide street# frontage of any #zoning lot# existing on June 29, 2006, with

access to a #narrow street#.

36-532 - Location and width of curb cuts accessing residential parking spaces in certain

districts

LAST AMENDED

2/2/2011

The provisions of this Section shall apply to all curb cuts accessing off-street parking spaces #accessory# to #residences# in C1

and C2 Districts mapped within R1 through R8 Districts, and in all other #Commercial Districts# where, as set forth in the

tables in Section 34-112 or 35-23, as applicable, the applicable #Residential District# is R3, R4, R5, R6, R7 or R8.

(a) All such curb cuts shall comply with the provisions of Section 25-631 (Location and width of curb cuts in certain

districts), as set forth for the applicable #building#, #building segment# and #Residence District#. All #buildings#

containing #residences# in C1 and C2 Districts mapped within R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A

Districts shall comply with the provisions set forth in Section 25-631 for an R3-2 District;

(b) All such curb cuts shall be prohibited on the #wide street# frontage of any #zoning lot# existing on April 14, 2010, with

access to a #narrow street#; and

(c) Where a #Commercial District# with only #narrow street# frontage is mapped along the short end of a #block#, and a

#zoning lot# existing on April 14, 2010, has access to both the short and long ends of such #block#, all such curb cuts

shall be prohibited along the #street line# of the short end of such #block#.

36-54 - Restrictions on Use of Required Residential Open Space for Parking

LAST AMENDED

2/2/2011

C1-1 C1-2 C1-3 C1-4 C1-5 C1-6 C1-7 C1-8 C2-1 C2-2 C2-3 C2-4 C2-5 C2-6 C2-7 C3 C4-1 C4-2 C4-3 C4-4 C4-5 C6-1 C6-2

C6-3

In the districts indicated, except for C1 or C2 Districts when mapped within an R10 District, in accordance with the provisions

of Sections 34-11 or 35-21 (General Provisions), not more than 50 percent of the required #open space# on any #zoning lot#

with a #building# containing #residences# may be used for driveways, private streets, open #accessory# off-street parking spaces

or open #accessory# off-street loading berths.

36-55 - Surfacing

LAST AMENDED

11/28/2007

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all open #accessory# off-street parking spaces or permitted #public parking lots# shall be graded,

constructed, surfaced and maintained so as to provide adequate drainage and to prevent the release of dust, in accordance with

rules and regulations promulgated by the Commissioner of Buildings.

Any area intended to be used permanently for an open #accessory group parking facility# shall be surfaced with asphaltic or

Portland cement concrete, or other hard-surfaced dustless material, at least four inches thick. However, permeable paving

materials may be used in open parking areas where the Commissioner of Buildings determines that such materials are

appropriate.

36-56 - Screening

LAST AMENDED

11/28/2007

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all open off-street parking areas with 10 spaces or more, which are located on #zoning lots# adjacent

to the boundary of a #Residence District#, either at natural grade or on a roof:

(a) shall be screened from all adjoining #zoning lots# in #Residence Districts#, including such #zoning lots# situated across a

#street#, by either:

(1) a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting,

and which are of a type which may be expected to form a year-round dense screen at least six feet high within

three years; or

(2) a wall or barrier or uniformly painted fence of fire resistant material at least six feet high, but not more than eight

feet above finished grade (or above the roof level, if on a roof). Such wall, barrier or fence may be opaque or

perforated, provided that not more than 50 percent of the face is open;

(b) shall be maintained in good condition at all times;

(c) may be interrupted by normal entrances or exits; and

(d) shall have no #signs# hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs) or 32-63

(Permitted Advertising Signs).

Paragraph (a) of this Section shall not apply at the #street line# of #zoning lots# where the requirements of Section 37-921

(Perimeter landscaping) apply.

36-57 - Accessory Off-Street Parking Spaces in Public Garages

LAST AMENDED

6/23/1966

C1 C2 C4 C5 C6 C7 C8

In the districts indicated, permitted or required #accessory# off-street parking spaces may be provided in a permitted #public

parking garage#, but only on the same #zoning lot# as the #building# or #use# to which such spaces are #accessory# and subject

to all the other applicable regulations of this Chapter.

Such #accessory# off-street parking spaces shall be included with all other spaces in such #public parking garage# for the purpose

of applying any regulations in this Resolution relating to the number of spaces in such #public parking garage#.

The computation of #floor area# for such #public parking garage# shall be in accordance with the definition of #floor area# as

set forth in Section 12-10 (DEFINITIONS), except as otherwise specifically authorized in accordance with the provisions of

Sections 73-67 (Additional Floor Space for Public Parking Garages), 74-511 (In C1 Districts), 74-512 (In other Districts), or 74-

52 (Parking Garages or Public Parking Lots in High Density Central Areas).

36-58 - Parking Lot Maneuverability and Curb Cut Regulations

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

(a) Applicability

In all districts, as indicated, the provisions of this Section shall apply to:

(1) #developments# with #accessory# open parking areas in which 70 percent or more of the #floor area# on

the #zoning lot# is occupied by a #commercial# or #community facility use#; and

(2) #enlargements# of a #building# with #accessory# open parking areas or the #enlargement# of an open parking

area, that result in an increase in:

(i) the total number of parking spaces #accessory# to #commercial# or #community facility uses# on the

#zoning lot# that is at least 20 percent greater than the number of such spaces existing on November 28,

2007; or

(ii) the total amount of #floor area# on the #zoning lot# that is at least 20 percent greater than the amount

of #floor area# existing on November 28, 2007, and where at least 70 percent of the #floor area# on the

#zoning lot# is occupied by #commercial# or #community facility uses#; and

(3) existing #buildings# with new #accessory# open parking areas in which 70 percent or more of the #floor area# on

the #zoning lot# is occupied by a #commercial# or #community facility use#.

The provisions of this Section shall not apply to surface parking located on the roof of a #building#, indoor parking

garages, #public parking garages#, structured parking facilities, or #developments# or #enlargements# in which at least

70 percent of the #floor area# or #lot area# on a #zoning lot# is used for automotive #uses# listed in Use Groups 9 or 16.

In addition, all #public parking lots# shall comply with the curb cut requirements of paragraph (c) of this Section.

For the purposes of this Section, an “open parking area” shall mean that portion of a #zoning lot# used for the parking

or maneuvering of vehicles, including service vehicles, which is not covered by a #building#. Open parking areas shall

also include all required landscaped areas within and adjacent to the open parking area.

For all such new or #enlarged# open parking areas, a site plan shall be submitted to the Department of Buildings

showing the location of all parking spaces, curb cuts and compliance with the maneuverability standards set forth in this

Section.

(b) Parking Lot Maneuverability

All open parking areas shall comply with the maneuverability standards set forth in the following table.

A B C D

Angle

of

Park

Minimum

length

Minimum

Width

Minimum

Travel

Lane

Minimum

Turnaround

0* 8’-6” 20’-0” 13’-2” N/A

0** 8’-6” 20’-0” 23’-3” N/A

45 17’-1” 8’-6” 12’-10” 18’-0”

50 17’-8” 8’-6” 13’-2” 17’-6”

55 18’-1” 8’-6” 13’-7” 17’-3”

60 18’-5” 8’-6” 14’-6” 17’-0”

65 18’-7” 8’-6” 15’-4” 17’-3”

70 18’-8” 8’-6” 16’-5” 17’-6”

75 18’-7” 8’-6” 17’-10” 18’-0”

90 18’-0” 8’-6” 22’-0” 22’-0”

* Figures given are for one-way traffic

** Figures given are for two-way traffic

45 DEGREE PARKING LAYOUT (36-58b.1)

90 DEGREE PARKING LAYOUT (36-58b.2)

PARALLEL PARKING/DEAD-END PARKING (36-58b.3)

(c) Curb Cuts

Curb cuts serving one travel lane shall have a maximum width of 12 feet, excluding splays, and curb cuts serving two

travel lanes shall have a maximum width of 24 feet, excluding splays. For parking lots with more than 100 parking

spaces, curb cuts of up to 30 feet, excluding splays, shall be permitted.

However, where Fire Department regulations set forth in the Administrative Code of the City of New York require

curb cuts of greater width, such curb cuts may be increased to the minimum width acceptable to the Fire Department.

For #zoning lots# with 100 feet or less of #street# frontage, only two curb cuts shall be permitted. For every additional

50 feet of #street# frontage, one additional curb cut shall be permitted.

A minimum distance of 18 feet from any other curb cut on the same or adjacent #zoning lots# shall be maintained,

except where the Commissioner of Buildings determines that, due to the location of curb cuts constructed, prior to

November 28, 2007, on adjacent #zoning lots#, there is no way to locate the curb cut 18 feet from such adjacent existing

curb cuts.

36-581 - Special parking regulations for certain community facility uses in the Borough of

Staten Island and Community District 10 in the Borough of the Bronx

LAST AMENDED

3/22/2016

C1 C2 C4

(a) In C1, C2 and C4 Districts in the Borough of Staten Island or in Community District 10 in the Borough of the Bronx,

all #zoning lots# containing #buildings# with the following #uses# shall be subject to the provisions of paragraph (b) of

this Section:

(1) ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where

such #zoning lot# contains #buildings# used for hospitals, as defined in the New York State Hospital Code, or

#long-term care facilities#; or

(2) child care services as listed under the definition of #school# in Section 12-10 (DEFINITIONS), except where such

#zoning lot# contains #buildings# used for houses of worship or, for #zoning lots# that do not contain

#buildings# used for houses of worship, where the amount of #floor area# used for child care services is equal to

25 percent or less of the amount of # floor area# permitted for #community facility use# on the #zoning lot#.

(b) All #zoning lots# that meet the conditions of paragraph (a) of this Section shall comply with the following provisions:

(1) Notwithstanding the applicability provisions of paragraph (a) of Section 36-58 (Parking Lot Maneuverability and

Curb Cut Regulations), the maneuverability provisions of paragraph (b) and the curb cut provisions of

paragraph (c) of such Section shall apply to all #group parking facilities#, open or enclosed. No tandem parking

or attended parking shall be permitted.

(2) In addition to the screening requirements for open parking areas in Section 36-56, any parking area covered by a

roof shall be screened from adjoining #zoning lots# in #Residence Districts# and from adjacent #streets# in

accordance with the following provisions:

(i) Screening shall consist of a wall or barrier or uniformly painted fence of fire resistant material at least six

feet high above finished grade and may be interrupted by normal entrances or exits;

(ii) Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the

surface is open. No chain link fencing shall be permitted. Such screening shall be maintained in good

condition at all times;

(iii) Where the exterior wall of a parking facility facing a #street# has an opaque area with a width greater

than 40 feet and a height greater than six feet, such area shall be treated with a decorative element or

material or shall be screened with planting so as to provide visual relief. Such screening or decorative

treatment shall be applied to a minimum height of 15 feet above adjoining grade or the height of the

wall, whichever is less;

(iv) For parking areas covered by a roof, where at least half of the surface area of such roof serves as children’s

play space for #buildings# containing child care services as listed under the definition of #school# in

Section 12-10 (DEFINITIONS), such covered parking area shall not be considered an “open parking

area” for the purposes of Section 37-90 (PARKING LOTS), inclusive, and shall therefore not require

perimeter or interior landscaping pursuant to such Section. In lieu thereof, such covered parking area

shall be screened in accordance with paragraph (b)(2) of this Section.

36-59 - Cross Access Connections in the Borough of Staten Island

LAST AMENDED

6/10/2009

C4-1 C8

In the Borough of Staten Island, in the districts indicated, existing or new open parking lots adjacent to one another on the same

or separate #zoning lots# shall be required to provide vehicular passageways between such open parking lots. Such vehicular

passageways are hereinafter referred to as “cross access connections” and shall be provided in accordance with the requirements

of this Section, inclusive.


LAST AMENDED

6/10/2009

Cross access connections shall be required for:

(a) #developments# where at least 70 percent or more of the #floor area# on the #zoning lot# is occupied by a #commercial#

or #community facility use# with an open parking lot that has 36 or more #accessory# parking spaces or is greater than

12,000 square feet in area;

(b) #enlargements# on a #zoning lot# with an open parking lot that has 36 or more #accessory# parking spaces or is greater

than 12,000 square feet in area; or

(c) #zoning lots# where the number of parking spaces #accessory# to #commercial# or #community facility uses# is increased

and such increase results in at least 36 parking spaces or more than 12,000 square feet of open parking lot area.

Such #developments#, #enlargements# or #zoning lots# shall locate cross access connections in accordance with the requirements

of Sections 36-593 and 36-594.

36-592 - Certification of cross access connections

LAST AMENDED

6/10/2009

No excavation, foundation or building permit shall be issued for any #development# or #enlargement# requiring a cross access

connection, and no certificate of occupancy shall be amended for any increase in the number of parking spaces requiring a cross

access connection until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the

requirements of Section 36-59, inclusive, have been met.

36-593 - Site planning criteria for cross access connections

LAST AMENDED

6/10/2009

Every potential cross access connection meeting the criteria of this Section shall be shown on the site plan required pursuant to

Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations).

(a) The connection shall be a minimum of 22 feet in width as measured along a #lot line# or boundary between separate

properties when located on the same #zoning lot#, and at least 23 feet from any #street line#.

(b) The connection shall be an extension of a travel lane of the subject open parking lot and align to the maximum extent

practicable with a travel lane on any adjacent open parking lot.

(c) The connection shall have a grade not greater than 15 percent.

(d) The connection shall be placed in an area that is not blocked by an existing #building or other structure# that is within

50 feet of the #lot line# or other boundary of the subject property.

(e) The connection shall be placed in an area that will not require the removal of significant natural features such as wetlands

or trees with a caliper of six inches or more, on the same or adjacent #zoning lots#.

No screening or landscaping along a #lot line# shall be required in the connection area.

36-594 - Establishment of location of required cross access connection

LAST AMENDED

6/10/2009

One cross access connection shall be provided on the subject property at each #zoning lot line# or other boundary on the same

#zoning lot#, where the properties divided by such #lot line# or boundary are contiguous by at least 60 feet, and where the

adjacent properties are located in C4-1, C8 or Manufacturing Districts. The location of the required cross access connection

shall be established as follows:

(a) where an easement has not been previously recorded against any adjacent property in accordance with Section 36-595, an

easement shall be recorded against the subject property documenting the locations of all potential cross access

connections identified pursuant to Section 36-593. The easement shall provide for at least one future cross access

connection to each adjacent property, at any of the locations identified; or

(b) where an easement has been previously recorded against an adjacent property in accordance with Section 36-595, an

easement providing for at least one cross access connection meeting the criteria set forth in Section 36-593 shall be

recorded against the subject property. Such cross access connection shall also align with one of the locations identified in

the previously recorded easement against an adjacent property. If the previously recorded easement has identified more

than one location for a cross access connection along such #lot line# or other boundary, the owner of the subject

property shall select one of these locations for the cross access connection.

Each property owner shall construct their portion of the cross access connection in accordance with the requirements of

Sections 36-593 and 36-595.

If such cross access connection has been established in a location that contained parking spaces upon the effective date of the

easement, as set forth in Section 36-595, such connection shall be counted as four required parking spaces and shall be separated

from any adjacent parking spaces by a planting island at least four feet wide and densely planted with shrubs maintained at a

maximum height of three feet. Such planting islands shall not be subject to the landscaping provisions of Section 37-922

(Interior landscaping).

36-595 - Recordation and notice requirements

LAST AMENDED

6/10/2009

An easement through all required cross access connections for vehicular passage between and among adjacent parking lots, in a

form acceptable to the Department of City Planning, shall be recorded in the Office of the Richmond County Clerk. An

easement so recorded shall not become effective unless and until a corresponding easement has been recorded against an adjacent

property, whether on the same or adjacent #zoning lot#, pursuant to this Section. Nothing herein shall be construed to limit the

ability of a property owner or lessee to prohibit parking by non- customers.

If an easement pursuant to this Section has previously been recorded against any adjacent property, the owner of the subject

property shall notify the owner of the adjacent property of the easement location selected by sending such owner a copy of the

recorded easement. Proof of notification shall be a condition of certification under this Section. Prior to issuance of a temporary

certificate of occupancy or permit sign-off, as applicable, the subject property owner shall further notify the adjacent property

owner that the cross access connection must be constructed on the adjacent property within six months of the date of such

notice. No temporary certificate of occupancy for any #development#, #enlargement# or increase in the number of parking

spaces on the subject property, or permit sign-off, if applicable, shall be issued until the applicant has demonstrated to the

Department of Buildings that such owner of the adjacent property has been duly notified. Failure to provide the cross access

connection in accordance with the requirements of this Section and to allow for vehicular passage between and among the

adjacent parking lots within six months of the date of the notice shall constitute a violation of this Zoning Resolution by the

adjacent property owner. Failure to provide the cross access connection in accordance with the requirements of this Section and

to allow for vehicular passage between and among the adjacent parking lots at the time of the aforementioned temporary

certificate of occupancy or permit sign-off, if applicable, shall constitute a violation of this Zoning Resolution by the owner of

the subject property.

36-596 - Certification that no connection is required, relocation of previously certified

connections and voluntary connections

LAST AMENDED

6/10/2009

(a) Certification that no connection is required

The Chairperson shall certify to the Department of Buildings that no cross access connection is required along a #lot

line#, or other boundary between separate parking lots when located on the same #zoning lot#, due to the presence of

the following conditions, and provided that no alternate location along such #lot line# or other boundary between

properties exists:

(1) grade changes greater than 15 percent;

(2) existing #buildings or other structures# to remain that are located within 50 feet of the subject #zoning lot# or

property; or

(3) wetlands or trees with a caliper of six inches or more.

(b) Relocation of previously certified connection

The Chairperson may relocate a previously-certified cross access connection where such new location is acceptable to

the owners of both properties and such connection complies with all requirements of this Section.

(c) Certification for voluntary connection

The Chairperson may certify a non-required cross access connection provided such connection complies with all

requirements of Section 36-59, inclusive.

36-597 - Authorizations for waivers or modifications of cross access connections

LAST AMENDED

6/10/2009

The City Planning Commission may authorize modifications or waivers of the requirements of Section 36-59, inclusive,

provided the Commission finds that:

(a) due to the irregular shape of the #zoning lot# or the location of connections along other #lot lines# or boundaries

between properties on the same #zoning lot#, it is not possible to design a complying parking lot with a complying cross

access connection; or

(b) site planning constraints necessitate the placement of a new or #enlarged building# against a #lot line# or other boundary

between properties that precludes a cross access connection along such #lot line# or boundary, and no other site plan is

feasible.

The Commission may request reports from licensed engineers or landscape architects in considering such modifications or

waivers.

36-60 - OFF-STREET LOADING REGULATIONS

LAST AMENDED

12/15/1961

The following regulations on permitted and required accessory off-street loading berths are adopted in order to provide needed

space off public streets for loading and unloading activities, to restrict the use of the streets for such activities, to help relieve

traffic congestion in commercial areas within the City, and thus to promote and protect public health, safety and general

welfare.

36-61 - Permitted Accessory Off-street Loading Berths

LAST AMENDED

2/9/1994

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, #accessory# off-street loading berths, open or enclosed, may be provided for all permitted #uses#,

under rules and regulations promulgated by the Commissioner of Buildings, and subject to the provisions of Sections 36-682

(Location of access to the street), 36-683 (Restrictions on location of berths near Residence Districts), 36-684 (Surfacing) and

36-685 (Screening).

36-62 - Required Accessory Off-street Loading Berths

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, #accessory# off-street loading berths, open or enclosed, shall be provided in conformity with the

requirements set forth in the table in this Section and under rules and regulations promulgated by the Commissioner of

Buildings, for all #developments# or #enlargements# after December 15, 1961, for the #uses# listed in the table, except as

otherwise provided in Section 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading

Requirements) or 36-64 (Wholesale, Manufacturing or Storage Uses Combined With Other Uses), as a condition precedent to

the #use# of such #development# or #enlargement#.

After December 15, 1961, if the #use# of any #building or other structure# or #zoning lot# is changed or #enlarged#, the

requirements set forth in the table shall apply to the #floor area# of the changed or #enlarged# portion of such #building# or of

the #lot area# used for such #use#.

For the purposes of this Section, a tract of land on which a group of such #uses# is #developed# under single ownership or

control shall be considered a single #zoning lot#.

Whenever any #use# specified in the table is located on an open lot, the requirements set forth in the table for #floor area# shall

apply to the #lot area# used for such #use#.

REQUIRED OFF-STREET LOADING BERTHS FOR DEVELOPMENTS, ENLARGEMENTS OR CHANGES OF USE

District Type of #Use# For #Floor Area# Required Berths

C1 C2 C3 C4 C5 C6

C8

Hospitals and related

facilities1 or prisons

First 10,000 sq. ft.

Next 290,000 sq. ft.

Each additional

300,000 sq. ft. or

fraction thereof

None

1

1

C1 C2 C4 C6 C8 Funeral

establishments


Next 20,000 sq. ft.

Any additional

amount

1

1

1

C12 C22 C3 C4-1 C4-

2 C4-3 C8-1 C8-2

Hotels, offices or

court houses


Next 75,000 sq. ft.


Each additional

300,000 sq. ft. or

fraction thereof

None

1

1

1

C13 C1-6 C1-7 C1-8

C1-9 C23 C2-6 C2-7

C2-8 C4-4 C4-5 C4-6

C4-7 C5 C6 C8-3 C8-

4

Hotels, offices or

court houses



Each additional

300,000 sq. ft. or

fraction thereof

None

1

1

C12 C22 C3 C4-1 C4-

2 C4-3 C7 C8-1 C8-2

#Commercial uses#

All retail or service

#uses# listed in Use

Group 6A, 6C, 7B,

8B, 9A, 9B, 10A, 12B,

14A or 16A

All amusement #uses#

listed in Use Group

8A or 12A

All automotive service


Group 7D

First 8,000 sq. ft.

Next 17,000 sq. ft.

Next 15,000 sq. ft.

of floor area

Next 20,000 sq. ft.

Next 40,000 sq. ft.

Each additional

150,000 sq. ft. or

fraction thereof

None

1

1

1

1

1

C13 C1-6 C1-7 C1-8

C1-9 C23 C2-6 C2-7

C2-8 C4-4 C4-5 C4-6

C4-7 C5 C6 C8-3 C8-

4

#Commercial uses#

All retail or service


Group 6A, 6C, 7B,

8B, 9A, 9B, 10A, 12B,

14A or 16A

All amusement #uses#

listed in Use Group

8A or 12A

All automotive service


Group 7D


Next 15,000 sq. ft.

Next 60,000 sq. ft.

Each additional

150,000 sq. ft. or

fraction thereof

None

1

1

1

C22 C4-1 C4-2 C4-3

C8-1 C8-2

Service, wholesale,

manufacturing, or

storage #uses#

All service, wholesale

or storage #uses#

listed in Use Group

7C, 10B, 11B, or 16D

All #manufacturing

uses# listed in Use

Group 11A

First 8,000 sq. ft.

Next 17,000 sq. ft.

Next 15,000 sq. ft.

Next 20,000 sq. ft.

Next 20,000 sq. ft.

Each additional

80,000 sq. ft. or

fraction thereof

None

1

1

1

1

1

C23 C2-6 C2-7 C2-8

C4-4 C4-5 C4-6 C4-7

C5 C6 C8-3 C8-4

Service, wholesale,

manufacturing, or

storage #uses#

All service, wholesale

or storage #uses#

listed in Use Group

7C, 10B, 11B, or 16D

All #manufacturing

uses# listed in Use

Group 11A


Next 25,000 sq. ft.

Next 40,000 sq. ft.

Each additional

80,000 sq. ft. or

fraction thereof

None

1

1

1

1 Requirements in this table are in addition to area utilized for ambulance parking

2 Mapped within R1, R2, R3, R4, R5, R6

3 Mapped within R7, R8, R9, R10

36-63 - Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading

Requirements

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, if any #building# or #zoning lot# contains two or more #uses# having different requirements for

loading berths as set forth in Section 36-62 (Required Accessory Off-street Loading Berths), and if:

(a) the #floor area# of each separate #use# is less than the minimum #floor area# for which berths are required; and

(b) the total #floor area# of all the #uses# for which berths are required is greater than the smallest amount of #floor area#

for which berths are required for any of the #uses# individually;

off-street loading berths shall be provided as if the total #floor area# of the #uses# for which berths are required were used for

that #use# for which the most berths are required.

36-64 - Wholesale, Manufacturing, or Storage Uses Combined With Other Uses

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except as provided in Section 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to

Different Loading Requirements), if any #building# or #zoning lot# is used partly for wholesale, #manufacturing# or storage

#uses# or any combination of such #uses#, and partly for any other #uses# set forth in the table in Section 36-62 (Required

Accessory Off-street Loading Berths), at least 50 percent of the #floor area# in the #building# shall be subject to the

requirements set forth for wholesale, #manufacturing# or storage #uses#, and the remainder shall be subject to the other

applicable requirements.


LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in the following Sections shall not apply to any #building# or #zoning lot#

as to which the Commissioner of Buildings has certified that there is no way to arrange the required berths with access to the

#street# to conform to the provisions of Section 36-682 (Location of access to the street):

Section 36-62 (Required Accessory Off-street Loading Berths)

Section 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading

Requirements)

Section 36-64 (Wholesale, Manufacturing, or Storage Uses Combined With Other Uses).

The Commissioner of Buildings may refer such matter to the Department of Transportation for report and may base a

determination on such report.


LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts having different requirements

for #accessory# off-street loading berths, the provisions set forth in Article VII, Chapter 7, shall apply.

36-67 - Joint Loading Berths Serving Two or More Buildings

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, required loading berths may be provided in facilities designed to serve jointly two or more adjoining

#buildings# or #zoning lots# within a single #block#, provided that:

(a) the number of berths in such joint facilities shall be not less than that required for the total combined #floor area# of

such #buildings# or #zoning lots# as set forth in Sections 36-62 (Required Accessory Off-street Loading Berths), 36-63

(Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) or3664 (Wholesale,

Manufacturing, or Storage Uses Combined With Other Uses);

(b) direct access is provided from such joint facilities to all such #buildings# or #zoning lots#; and

(c) the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the

Commissioner of Buildings.

36-68 - Additional Regulations for Permitted or Required Berths

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required #accessory# off-street loading berths shall conform to the provisions set

forth in this Section.

36-681 - Size of required berths

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all required #accessory# off- street loading berths, open or enclosed, shall conform to the regulations

on minimum dimensions set forth in the following table. The dimensions of off-street berths shall not include driveways or

entrances to or exits from such off-street berths.

MINIMUM DIMENSIONS FOR REQUIRED ACCESSORY OFF-STREET LOADING BERTHS

(in feet)

Length Width Vertical

Clearance

#Commercial uses#* 33 12 14

Funeral establishments 25 10 8

Hospitals and related facilities or prisons 33 12 12

Hotels, offices or court houses 33 12 12

Wholesale,

manufacturing or

storage #uses#:

with less

than 10,000

sq. ft. of

#floor area#

33 12 14

with 10,000

sq. ft. or

more of

#floor area#

50 12 14

* As set forth in the table in Section 36-62 (Required Accessory Off-street Loading Berths)

36-682 - Location of access to the street

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no permitted or required #accessory# off-street loading berth, and no entrance or exit thereto, shall

be located less than 50 feet from the intersection of any two #street lines#. However, a location closer to such intersection may

be permitted if the Commissioner of Buildings certifies that such a location is not hazardous to traffic safety and not likely to

create traffic congestion. The Commissioner of Buildings may refer such matter to the Department of Transportation for a

report and may base a determination on such report.

The waiver provisions of Section 36-65 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall

apply when the Commissioner of Buildings has certified that there is no way to arrange the berths with access to the #street# to

conform to the provisions of this Section.

36-683 - Restrictions on location of berths near Residence Districts

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, where #accessory# off-street loading berths are located within 60 feet of a #Residence District#

boundary, such berths shall be enclosed within a #building#, and no entrance to or exit from the berths onto the #street# shall be

less than 30 feet from the district boundary.

36-684 - Surfacing

LAST AMENDED

12/15/1961

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required open off-street loading berths shall be surfaced with asphaltic or Portland

cement concrete, or other hard-surfaced dustless material, at least six inches thick.

36-685 - Screening

LAST AMENDED

4/8/1998

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required open off-street loading berths that are located on #zoning lots# adjacent to

the boundary of a #Residence District#:

(a) shall be screened from all adjoining #zoning lots# in #Residence Districts#, including #zoning lots# situated across a

#street#, by either:

(1) a strip at least four feet wide, densely planted with shrubs or trees that are at least four feet high at the time of

planting and that are of a type which may be expected to form a year-round dense screen at least six feet high

within three years; or

(2) a wall or barrier or uniformly painted fence of fire- resistant material, at least six feet but not more than eight feet

above finished grade. Such wall, barrier, or fence may be opaque or perforated provided that not more than 50

percent of the face is open;

(b) shall be maintained in good condition at all times;

(c) may be interrupted by normal entrances and exits; and

(d) shall have no #signs# hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs) or 32-63

(Permitted Advertising Signs).

36-70 - BICYCLE PARKING

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the provisions of this Section, inclusive, relating to bicycle parking spaces shall apply to:

(a) #developments#;

(b) #enlargements# that increase the #floor area# within a #building# by 50 percent or more;

(c) #dwelling units# created by #conversions# of non-#residential floor area#;

(d) new #dwelling units# in #buildings# or #building segments# constructed after April 22, 2009;

(e) new enclosed #accessory group parking facilities# with 35 or more automobile parking spaces; and

(f) open parking areas #accessory# to #commercial# or #community facility uses# that contain 18 or more automobile

parking spaces or are greater than 6,000 sq. ft. in area.

In addition, the provisions of Section 36-75 (Floor Area Exemption) shall apply to all #buildings# as set forth therein.

Bicycle parking spaces shall be provided in accordance with the requirements set forth in this Section, inclusive, as a condition

precedent to the #use# of such #development#, #enlargement#, #conversion#, #group parking facility# or open parking area.

The number of #accessory# bicycle parking spaces provided pursuant to this Section, the total area, in square feet, of bicycle

parking spaces and the total area, in square feet, excluded from the calculation of #floor area# for such spaces shall be noted on

the certificate of occupancy.

36-71 - Required Bicycle Parking Spaces

LAST AMENDED

4/22/2009

36-711 - Enclosed bicycle parking spaces

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, enclosed #accessory# bicycle parking spaces shall be provided for at least that amount specified for

the applicable #use# set forth in the table in this Section.

For the purposes of calculating the number of required bicycle parking spaces, any fraction of a space 50 percent or greater shall

be counted as an additional space. For #residences#, the

#accessory# bicycle parking requirement shall be calculated separately for separate #buildings# or #building segments#.

Where any #building# or #zoning lot# contains two or more #uses# having different bicycle parking requirements as set forth in

the table, the bicycle parking requirements for each type of #use# shall apply to the extent of that #use#.

Where an enclosed #accessory group parking facility# is provided, the required number of bicycle parking spaces for the #use# to

which such facility is #accessory# shall be the amount set forth for such #use# in the table, or one for every 10 automobile

parking spaces that are enclosed within a #building or other structure# or located on the roof of a #building#, whichever will

require a greater number of bicycle parking spaces.

REQUIRED BICYCLE PARKING SPACES FOR RESIDENTIAL, COMMUNITY FACILITY OR COMMERCIAL USES

Type of #Use# Bicycle Parking Spaces Required

in Relation to Specified Unit of

Measurement

FOR RESIDENTIAL USES

Use Group 1 None required

Use Group 2 1 per 2 #dwelling units#

#Affordable independent residences for seniors# 1 per 10,000 square feet of

#floor area#

FOR COMMUNITY FACILITY USES1

College or #school# student dormitories or fraternity and sorority student houses 1 per 2,000 square of #floor

area#

Colleges, universities or seminaries2

(a)

Classrooms,

laboratories,

student

centers or

offices

1 per 5,000 square feet of #floor

area#

(b)

Theaters,

auditoriums,

gymnasiums

or stadiums

1 per 20,000 square feet of

#floor area#

Libraries, museums or non-commercial art galleries 1 per 20,000 square feet of

#floor area#

Monasteries, convents or novitiates; required houses of worship, rectories or parish houses;

Use Group 4B

None required

All other Use Group 3 and Use Group 4 #uses# not otherwise listed in this table 1 per 10,000 square feet of

#floor area#

FOR COMMERCIAL USES

Use Group 6B 1 per 7,500 square feet of #floor

area#

General retail or service #uses#.

Use Groups 5A, 6A, 6C, 6E, 7A, 7B, 7D, 8B, 9A, 10A, 12B, 13B, 14A (except docks for

vessels, other than #gambling vessels#) or 14B; eating and drinking establishments in all Use

Groups; automobile rental establishments

1 per 10,000 square feet of

#floor area#

Use Groups 8A, 12A (except eating and drinking establishments); theaters 1 per 20,000 square feet of

#floor area#

#Public parking garages# 1 per 10 automobile parking

spaces

Use Groups not specified above, and all other #commercial uses# not otherwise listed None required

1 #Non-profit hospital staff dwellings# shall be subject to the requirements for Use Group 2 #residential uses#

2 Up to half of required spaces may be provided as unenclosed bicycle parking spaces, pursuant to the requirements of

Section 36-73

However, the bicycle parking requirements set forth in the table shall be waived for bicycle parking spaces that are accessory to:

(a) #buildings# containing 10 #dwelling units# or less;

(b) colleges, universities or seminaries where the number of required enclosed bicycle parking spaces is six or less;

(c) college or #school# student dormitories or fraternity and sorority student houses where the number of required bicycle

parking spaces is five or less; or

(d) all other #community facility# or #commercial uses# not otherwise listed in the table where the number of required

bicycle parking spaces is three or less.

36-712 - Unenclosed bicycle parking spaces

LAST AMENDED

4/22/2009

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for open parking areas #accessory# to #commercial# or #community facility uses# that contain 18 or

more spaces or are greater than 6,000 square feet in area, which meet the applicability standards of Section 37-91, unenclosed

bicycle parking spaces shall be provided as follows:

(a) One bicycle parking space shall be provided for every 10 automobile parking spaces, up to 200 automobile parking

spaces. Thereafter, one bicycle parking space shall be provided for every 100 automobile parking spaces. Fractions equal

to or greater than one-half resulting from this calculation shall be considered to be one bicycle space.

Each bicycle rack shall allow for the bicycle frame and at least one wheel to be locked to the rack. If bicycles can be

locked to each side of the rack without conflict, each side may be counted toward a required space. Thirty inches of

maneuverable space shall be provided between parallel bicycle racks and an eight foot wide aisle shall be provided

between bicycle rack areas.

(b) Bicycle racks shall be provided within 50 feet of a main entrance of a #building# and a minimum of 24 inches from any

wall. However, if more than 40 bicycle parking spaces are required, 50 percent of such spaces may be provided at a

distance of up to 100 feet from the main entrance of a #building#. Department of Transportation bicycle racks provided

on a fronting sidewalk may be counted toward this requirement, provided such racks meet the standards of this

paragraph(c).

36-72 - Authorization for Reduction of Spaces

LAST AMENDED

4/22/2009

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the City Planning Commission may authorize a reduction in the number of required bicycle parking

spaces set forth in Section 36-711 (Enclosed bicycle parking spaces) or a waiver of all such spaces, upon finding there are

subsurface conditions, below-ground infrastructure or other site planning constraints that would make accommodating such

bicycle parking spaces on or below the first #story# of the #building# infeasible. The Commission may request reports from

licensed engineers or registered architects in considering such reduction.

36-73 - Restrictions on Operation, Size and Location of Bicycle Parking Spaces

LAST AMENDED

4/22/2009

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all #accessory# bicycle parking spaces shall be provided on the same #zoning lot# as the #building# or

#use# to which such spaces are #accessory#, except as provided in Section 36-74 (Certification for Off-site Bicycle Parking

Spaces).

All enclosed #accessory# bicycle parking spaces shall be surrounded on all sides by a solid enclosure, except where a parking

garage is open at the sides, and covered by a roof for weather protection. Each bicycle space shall adjoin a rack or similar system

for securing the bicycle. Bicycle parking spaces shall be located in an area secured by a lock or similar means, or adjoin a securely

anchored rack to which the bicycle frame and at least one wheel can be locked. Fifteen square feet of area shall be provided for

each bicycle space. However, the area for each bicycle space may be reduced by up to nine square feet per bicycle if the

Commissioner of Buildings certifies that a layout has been submitted to adequately accommodate the specified number of

bicycles.

A plaque shall be placed at the exterior of the entry to the bicycle parking area, outside any locked door, with lettering at least

three-quarter inches in height stating “Bicycle Parking.”

All required bicycle parking spaces that are #accessory# to #residences# shall be made available for the storage and independent

access of the bicycles used by the occupants of such #residences#.

All required bicycle parking spaces that are #accessory# to a #commercial# or #community facility use# shall be made available

for the storage and independent access of bicycles used by the employees of such #use#, except that bicycle parking spaces

#accessory# to colleges or universities must be accessible to all authorized users of such #building#, and that bicycle parking

spaces #accessory# to #community facilities# with sleeping accommodations may be accessible to the occupants of such facility.

Bicycle spaces may be located in a room secured by a lock, or similar means, provided that access is through a commonly

accessible area and access is made available to eligible users on an equal basis.

(a) For colleges, universities or seminaries, one-half of required #accessory# bicycle parking spaces may be provided as open

unenclosed spaces, provided that such spaces meet the standards of paragraph (b) of Section 36-712 (Unenclosed bicycle

parking spaces).

(b) For #public parking garages#, the required information plaque shall be provided at each point of bicycle entry to the

#public parking garage#, mounted with its center between four and six feet above the ground, directly visible and

unobstructed from the #street#. The entry plaque shall contain a bicycle symbol which is 12 inches square in dimension

with a highly contrasting background, as shown in this paragraph, (b). The symbol shall match exactly the symbol

provided in the Required Signage Symbols file at the Department of City Planning website.

(36–73)

36-74 - Certification for Off-site Bicycle Parking Spaces

LAST AMENDED

4/22/2009

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for colleges, universities, seminaries, hospitals and related facilities, except animal hospitals,

#accessory# bicycle parking spaces required pursuant to Section 36-711 (Enclosed bicycle parking spaces) may be provided on a

#zoning lot# other than the same #zoning lot# as the #use# to which such spaces are #accessory#, provided that the Chairperson

of the City Planning Commission certifies to the Department of Buildings that all such bicycle parking spaces are:

(a) located on a #zoning lot# not further than 1,000 feet from the nearest boundary of the #zoning lot# occupied by the

#use# to which they are #accessory#, or within a subsurface parking and other service facility that serves multiple

#zoning lots#, including the #zoning lot# occupied by the #use# to which they are #accessory#; and

(b) subject to deed restrictions filed in an office of record, binding the owner and his heirs and assigns to maintain the

required number of spaces as accessible throughout the life of the #use# generating the #accessory# bicycle parking

spaces.

A plaque shall be placed within 30 feet of an entrance of the #building#, with lettering at least three-quarter inches in height

stating "Bicycle Parking” followed by information directing users to the address of the off-site location.

The number of off-site #accessory# bicycle parking spaces provided pursuant to this Section and the area of such bicycle parking

spaces, in square feet, shall be noted on the certificate of occupancy for both the #building# in which the off-site bicycle parking

spaces are located, and the #building# containing the #use# to which such bicycle parking spaces are #accessory#.

36-75 - Floor Area Exemption

LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, space provided for enclosed #accessory# bicycle parking spaces pursuant to the standards of this

Section shall be excluded from the calculation of #floor area#, provided that:

(a) the space excluded from #floor area# does not exceed an amount equal to 15 square feet multiplied by the number of

required spaces or, if spaces are waived pursuant to paragraphs (a), (b), (c) or (d) of Section 36-711 (Enclosed bicycle

parking spaces), the number that would have been required but for the waiver or, if spaces are not required because the

#building# was constructed prior to April 22, 2009, the number that would be required if such #building# were newly

constructed; and

(b) the #accessory# bicycle parking spaces provided meet the standards for required bicycle parking of Section 36-73

(Restrictions on Operation, Size and Location of Bicycle Parking Spaces).

Notwithstanding the provisions of paragraph (a) of this Section, for the #uses# listed in the table, the amount of space that may

be excluded from the calculation of #floor area# shall not exceed an amount equal to 15 square feet multiplied by the number of

spaces set forth in the table.

MAXIMUM BICYCLE PARKING SPACES EXCLUDED FROM FLOOR AREA

Type of #Use# Maximum Bicycle Parking Spaces Excluded

from #Floor Area# in Relation to Specified

Unit of Measurement

FOR RESIDENTIAL USES

#Affordable independent residences for

seniors#

1 per 2,000 square feet of #floor area#

FOR COMMUNITY FACILITY USES

Philanthropic or non-profit institutions

with sleeping accommodations


Proprietary, non-profit or voluntary

hospitals and related facilities, except

animal hospitals


However, in no event shall this Section apply to #single-# or #two-family residences#; and in no event shall this Section apply to

#accessory# bicycle parking spaces provided off-site, pursuant to Section 36-74 (Certification for Off-site Bicycle Parking

Spaces).

Space provided for #accessory# bicycle parking spaces within an #accessory group parking facility# shall not be counted as #floor

area# provided that such portion of the #accessory group parking facility# does not count as #floor area#.

36-76 - Waiver or Reduction of Spaces for Subsidized Housing

LAST AMENDED

4/22/2009

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except in the #Special Willets Point District# and the #Special St. George District#, the number of

required bicycle parking spaces set forth in Section 36-711 (Enclosed bicycle parking spaces) may be reduced or waived by the

Commissioner of Buildings, provided that the Commissioner of the Department of Housing Preservation and Development has

submitted a letter certifying that:

(a) at least 50 percent of the #dwelling units# in the #building# or #building segment# will be income-restricted pursuant to

the provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive, or pursuant to the terms of a grant, loan or

subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real

property for less than market value, purchase money financing, construction financing, permanent financing, the

utilization of bond proceeds and allocations of low income housing tax credits. An exemption or abatement of real

property taxes shall not qualify as a grant, loan or subsidy for the purposes of this paragraph, (a);

(b) there is insufficient space within the #building# to accommodate the required number of bicycle parking spaces on or

below the first #story# of the #building#, including within an enclosed #accessory group parking facility#,

(c) if permitted automobile parking spaces are provided, the required bicycle parking spaces cannot be accommodated within

an enclosed #group parking facility# by reconfiguring automobile parking spaces or removing three or fewer permitted

automobile parking spaces;

(d) additional space cannot reasonably be constructed based on the amount of subsidy available to the project; and

(e) the number of required bicycle parking spaces is being reduced by the minimum amount necessary to address these

limitations.






Chapter 7 - Special Urban Design Regulations


Chapter 7 - Special Urban Design Regulations

37-00 - GENERAL PURPOSES

LAST AMENDED

3/22/2018

Special urban design regulations are set forth in this Chapter to improve the quality of the streetscape and to promote a lively

and engaging pedestrian experience along commercial streets in various neighborhoods.

The provisions of this Chapter shall apply as follows:

(a) Section 37-10 sets forth applicability of Article II, Chapter 6 to zoning lots accessed by private roads in C1 or C2

Districts mapped within R3, R4 or R5 Districts, and in C3 Districts;

(b) Section 37-20, inclusive, sets forth special regulations for lower density growth management areas in the Borough of

Staten Island;

(c) Section 37-30, inclusive, sets forth special streetscape provisions that apply in conjunction with provisions specified in the

supplemental use provisions of Article III, Chapter 2, special provisions for certain areas in Article VI, or in Special

Purpose Districts in Articles VIII through XIV;

(d) Section 37-40, inclusive, sets forth provisions for relocating or renovating subway stairs in certain areas;

(e) Section 37-50, inclusive, sets forth requirements for pedestrian circulation spaces that apply in conjunction with

provisions specified in certain Special Purpose Districts;

(f) Section 37-60, inclusive, sets forth provisions for publicly accessible open areas such as plazas, residential plazas and urban

plazas created prior to October 17, 2007;

(g) Section 37-70, inclusive, sets forth provisions for public plazas;

(h) Section 37-80 sets forth provisions for arcades; and

(i) Section 37-90, inclusive, sets forth provisions for certain open parking areas, including landscaping.

37-10 - APPLICABILITY OF ARTICLE II, CHAPTER 6, TO LOTS WITH PRIVATE ROADS

LAST AMENDED

2/2/2011

In C1 or C2 Districts mapped within R3, R4 or R5 Districts, and in C3 Districts, the provisions of Section 26-20 (SPECIAL

REQUIREMENTS FOR LOTS WITH PRIVATE ROADS) shall apply to any #zoning lot# with #buildings# accessed by

#private roads#, except where such #zoning lot# contains #private roads# constructed prior to February 6, 2002. In addition, the

open area between #buildings# and sidewalks required pursuant to Section 26-25 need not be planted where such open areas

front upon #commercial uses#.

However, in C3A Districts located within #lower density growth management areas#, the provisions of 26-30 (SPECIAL

REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS)

shall apply.

37-20 - SPECIAL REGULATIONS FOR LOWER DENSITY GROWTH MANAGEMENT AREAS IN THE

BOROUGH OF STATEN ISLAND

LAST AMENDED

12/21/2005

37-21 - Special Screening Requirements Between Residential and Non-Residential Uses

LAST AMENDED

12/21/2005

In all C1, C2 and C4-1 Districts in the Borough of Staten Island, all #developments# or #enlargements# containing non-

#residential uses# shall be screened from adjoining #zoning lots# containing only #residential uses# by a planting strip at least five

feet wide along the common #side lot line#, densely planted with evergreen shrubs at least four feet high at time of planting and

of a variety expected to reach a height of six feet within three years. No chain link fences shall be permitted. However, no such

screening shall be required where both such #buildings# front upon a #street line# that forms the boundary of a #block# front

mapped entirely as a #Commercial District#.

37-30 - SPECIAL GROUND FLOOR LEVEL STREETSCAPE PROVISIONS FOR CERTAIN AREAS

LAST AMENDED

10/17/2007


LAST AMENDED

2/2/2011

Section 37-30, inclusive, specifies #ground floor level# requirements that establish consistent standards for a minimum depth for

certain #uses#, a maximum width for certain #uses#, minimum transparency requirements, and parking wrap and screening

requirements that apply in conjunction with requirements set forth for certain #Commercial Districts# in the supplemental

#use# provisions of Section 32-40, inclusive, for #Quality Housing buildings# in certain #Commercial Districts# subject to

supplemental provisions for #qualifying ground floors#; for certain #Manufacturing Districts# in Section 42-485 (Streetscape

provisions); for #zoning lots# subject to the off-street parking regulations in the #Manhattan Core# in Article I, Chapter 3; for

#zoning lots# subject to the special provisions for waterfront areas and FRESH food stores in Article VI, Chapters 2 and 3,

respectively; and for #zoning lots# subject to the provisions of certain Special Purpose Districts.

However, the ground floor depth requirements for certain #uses# and minimum transparency requirements of Sections 37-32

and 37-34, respectively, shall not apply to:

(a) #zoning lots# in #Commercial Districts# with a #lot width# of less than 20 feet, as measured along the #street line#,

provided such #zoning lots# existed on March 22, 2016, and on the date of application for a building permit; or

(b) any #community facility building# used exclusively for either a #school#, as listed in Use Group 3, or a house of worship,

as listed in Use Group 4.


LAST AMENDED3/22/2016

The following definitions shall apply throughout Section 37-30 (SPECIAL GROUND FLOOR LEVEL STREETSCAPE

PROVISIONS FOR CERTAIN AREAS), inclusive.

Ground floor level

For the purposes of Section 37-30, inclusive, the “ground floor level” shall refer to a #building’s# lowest #story#.

Primary street frontage

For the purposes of Section 37-30, inclusive, a “primary street frontage” shall be the portion of the #ground floor level street#

frontage along any of the following:

(a) a #wide street#;

(b) a narrow #street# where a #Commercial District# is mapped along an entire #block# frontage; or

(c) a #narrow street# within 50 feet of a #wide street#.

Secondary street frontage

For the purposes of Section 37-30, inclusive, a “secondary street frontage” shall be a #ground floor level street# frontage, or

portion thereof, subject to the provisions of Section 37-30, inclusive, that is not a #primary street frontage#.

37-32 - Ground Floor Depth Requirements for Certain Uses

LAST AMENDED

2/2/2011

The minimum depth for required ground floor non-#residential uses#, as applicable, shall be as set forth in this Section, except as

set forth in Section 37-31 (Applicability).

Required #ground floor level# non-#residential uses# along a #primary street frontage# or a designated retail street specified in a

Special Purpose District, as applicable, shall have a minimum depth of 30 feet, as measured perpendicular to the #ground floor

level street wall#. However, such minimum depth requirement may be reduced, to the minimum extent necessary, to

accommodate vertical circulation cores or structural columns associated with upper #stories# of the #building#.

37-33 - Maximum Width of Certain Uses

LAST AMENDED

2/2/2011

The maximum width of lobbies, entrances and exits to #accessory# off-street parking facilities, and entryways to subway stations

is set forth in this Section.

(a) Ground floor lobbies

(1) Type 1

Where Type 1 lobby provisions apply, lobbies accessing #uses# not permitted on the #ground floor level# shall

be permitted, provided that the width of such lobbies, in total, does not exceed 25 percent of the #street wall#

width of the #building# or more than 20 linear feet of #street wall# frontage on a #wide street# or 30 linear feet

on a #narrow street#, whichever is less. However, the width of such lobbies need not be less than 10 feet.

(2) Type 2

Where Type 2 lobby provisions apply, lobbies accessing #uses# not permitted on the #ground floor level# shall

be permitted, provided that the width of such lobbies, in total, does not exceed 25 percent of the #street wall#

width of the #building# or more than 40 linear feet of #street wall#, whichever is less. However, the width of

such lobbies need not be less than 20 feet.

(b) Entrances and exits to #accessory# parking facilities

Entrances and exits to #accessory# off-street parking facilities, where permitted on the #ground floor level#, or portion

thereof, shall not exceed a #street wall# width equal to the sum of five feet plus the maximum curb cut width for the

applicable district. Where no specified maximum curb cut width is set forth for the district, the curb cut regulations for

#buildings# containing #residences# in R6 through R8 Districts with a letter suffix in paragraph (e) of Section 25-631

(Location and width of curb cuts in certain districts) shall be applied.

(c) Entryways to subway stations

Entryways to subway stations may be provided on the #ground floor level# of a #building# without restriction in #street

wall# width.

37-34 - Minimum Transparency Requirements

LAST AMENDED

2/2/2011

The #ground floor level street wall# along a #primary street frontage# or a designated retail street set forth in a Special Purpose

District, as applicable, shall be glazed with transparent materials which may include #show windows#, transom windows or

glazed portions of doors, except as set forth in Section 37-31 (Applicability).

Such transparent materials shall occupy at least 50 percent of the surface area of such #ground floor level street wall# between a

height of two feet and 12 feet, or the height of the ground floor ceiling, whichever is higher, as measured from the adjoining

sidewalk. Transparent materials provided to satisfy such 50 percent requirement shall not begin higher than 2 feet, 6 inches,

above the level of the adjoining sidewalk, with the exception of transom windows, or portions of windows separated by mullions

or other structural dividers, and shall have a minimum width of two feet. The maximum width of a portion of the #ground floor

level street wall# without transparency shall not exceed 10 feet.

However, such transparency requirements shall not apply to portions of the #ground floor level# occupied by entrances or exits

to #accessory# off-street parking facilities and #public parking garages#, where permitted, entryways to required loading berths,

where permitted, entryways to subway stations, as applicable, or doors accessing emergency egress stairwells and passageways.

37-35 - Parking Wrap and Screening Requirements

LAST AMENDED

2/2/2011

All #accessory# off-street parking spaces on the #ground floor level# of a #building# shall be wrapped by #floor area# in

accordance with paragraph (a) or, where applicable, screened in accordance with applicable provisions of paragraph (b) of this

Section.

(a) Along #primary street frontages#

For #ground floor levels#, or portions thereof, fronting along a #primary street frontage# or a designated retail #street#

set forth in a Special Purpose District, as applicable, any portion of an #accessory# off-street parking facility that is

located above #curb level#, except for permitted entrances and exits, shall be located behind permitted #commercial#,

#community facility# or #residential floor area# so that no portion of such facility is visible from adjacent public

sidewalks or publicly accessible areas. Such #floor area# shall have a minimum depth of 30 feet, as measured

perpendicular to the #street wall# of the #building#.

(b) Along #secondary street frontages#

For #ground floor levels#, or portions thereof, fronting along a #secondary street frontage# or 50 feet beyond a

designated retail #street# set forth in a Special Purpose District, as applicable, off-street parking facilities, or portions

thereof, may either be wrapped by #floor area# in accordance with paragraph (a) of this Section, or shall be subject to the

following design requirements:

(1) any non-horizontal parking deck structures shall not be visible from the exterior of the #building# in elevation view;

(2) opaque materials shall be located on the exterior #building# wall between the bottom of the floor of each parking

deck and no less than three feet above such deck; and

(3) a total of at least 50 percent of such exterior #building# wall, or portion thereof, with adjacent parking spaces shall

consist of opaque materials which may include permitted #signs#, graphic or sculptural art, decorative screening or

latticework, or living plant material.

37-40 - OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR

LAST AMENDED

5/29/2019

Where a #development# or an #enlargement# is constructed on a #zoning lot# of 5,000 square feet or more of #lot area# that

fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the #Special

Midtown District# as listed in Section 81-46, the #Special Lower Manhattan District# as listed in Section 91-43, the #Special

Downtown Brooklyn District# as listed in Section 101-43, the #Special Long Island City Mixed Use District# as described in

Section 117-44, the #Special Union Square District# as listed in Section 118-50, the #Special East Harlem Corridors District# as

described in Section 138-33, and those stations listed in the following table, the existing entrance or entrances shall be relocated

from the #street# onto the #zoning lot#. The new entrance or entrances* shall be provided in accordance with the provisions of

this Section.

A relocated subway stair or a subway stair that has been renovated in accordance with the provisions of Section 37-50

(REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE) may be counted as pedestrian circulation space pursuant

to Section 37-50.

STATION LINE

The Bronx

161st Street** Grand Concourse

Manhattan

8th Street Broadway-60th Street

23rd Street Broadway-60th Street

23rd Street Lexington Avenue

28th Street Lexington Avenue

33rd Street Lexington Avenue

34th Street-Penn Station 8th Avenue

59th Street/Lexington Avenue-60th St. Lexington Avenue and Broadway-

60th Street

* Provision of a new subway entrance or entrances pursuant to the requirements of this Section may also require satisfaction

of additional obligations under the Americans with Disabilities Act of 1990 (ADA), including the ADA Accessibility

Guidelines. The New York City Transit Authority should be consulted with regard to any such obligations

** Access stairways to elevated portions of a station complex are exempt from this requirement

37-41 - Standards for Location, Design and Hours of Public Accessibility

LAST AMENDED

10/17/2007

In addition to the standards set forth in the current station planning guidelines as issued by New York City Transit, the

following standards shall also apply:

(a) Location

The relocated or renovated entrance shall be immediately adjacent to, and accessible without any obstruction from, a

public sidewalk or pedestrian circulation space as defined in Section 37-50. Any such pedestrian circulation space shall

have a minimum horizontal dimension equal to the width of the relocated stairs or the minimum width of the

pedestrian circulation space, whichever is greater.

The relocated or renovated entrance may be provided within a #building# but shall not be enclosed by any doors. The

area occupied by a relocated or renovated entrance within a #building# shall not be counted toward the #floor area# of

the #enlargement# or #development#.

(b) Design standards

The relocated or renovated entrance shall have a stair width of at least eight feet for each run.

Where two or more existing stairway entrances are being relocated or renovated as part of the same #development# or

#enlargement#, the new entrance or entrances shall have total stair widths equal to or greater than the sum of the stair

widths of those existing stairway entrances, but in no case may any stair be less than eight feet in width.

The relocated entrance may be relocated within a #public plaza#, provided that the minimum width of each stair is 10

feet and the queuing area of the relocated entrance is unobstructed and contiguous to a sidewalk or a sidewalk widening.

A relocated entrance within a #public plaza# is a permitted obstruction, but shall not be subject to the percentage limit

on permitted obstructions for a #public plaza#.

For a relocated entrance only, the entrance shall have a queuing space at the top and bottom of the stairs that is at least

eight feet wide and 15 feet long. Such queuing space may overlap with a #public plaza# or an #arcade# in accordance

with the provisions of Sections 37-53 (Design Standards for Pedestrian Circulation Spaces) or 37-80 (ARCADES).

No stairway shall have more than 14 risers without a landing, and each landing shall have a minimum width equal to the

width of the stairs, and a minimum length of five feet.

Throughout the entire stairway entrance, including passageways, the minimum clear, unobstructed height shall be at

least 7 feet, 6 inches from finished floor to finished ceiling, including all lighting fixtures and #signs#.

The entire entrance area, including passageways, shall be free of obstructions of any kind, except for projecting

information signage.

The relocated entrance shall connect to an existing or proposed subway passageway, or shall connect, via an

underground passageway, to a mezzanine area of the subway station.

The below-grade portion of a relocated entrance may be constructed within the #street#.

(c) Hours of public accessibility

The relocated or renovated entrance shall be accessible to the public during the hours when the connected mezzanine

area is open to the public or as otherwise approved by New York City Transit.

37-42 - Administrative Procedure for a Subway Stair Relocation or Renovation

LAST AMENDED

2/2/2011

For any #development# or #enlargement# that is subject to the requirements for the relocation of a subway stair entrance or

counts a renovated subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50

(REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), inclusive, no plan shall be approved by the Department

of Buildings and no excavation permit or building permit shall be issued, unless the following criteria are met:

(a) for a relocated entrance, such plan includes a stair relocation plan and related documents that require:

(1) construction of the new stair entrance in accordance with such plan;

(2) demolition of above-ground elements of the existing entrance;

(3) sealing of the existing entrance at the sidewalk level; and

(4) maintenance of the work performed on the relocated or renovated entrance; or

(b) for a renovated entrance, such plan includes a renovation plan and related documents that require:

(1) renovation of the entrance in accordance with such plan; and

(2) maintenance of the work performed on the renovated entrance; and

(c) such plan and related documents bear New York City Transit’s approval; and

(d) such plan is accompanied by a certified copy of an agreement, as recorded between New York City Transit and the owner

for an easement on the #zoning lot# for subway-related use of the new stair entrance and for public access via such

entrance to the subway station, which agreement has been recorded against the #zoning lot# in the Office of the Register

of the City of New York and is accompanied by the Register's receipt of recordation; and

(e) no permanent certificate of occupancy shall be issued for the #building# either altered or #developed#, as set forth in

Section 37-40, or #enlarged#, that is subject to the subway stair relocation requirement or is counting a renovated

subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50, inclusive, unless and

until all of the work required under paragraph (a) or (b) of this Section has been completed and New York City Transit

has so certified in writing to the Department of Buildings.

37-43 - Modification of Requirements for a Relocated or Renovated Subway Stair

LAST AMENDED

10/17/2007

The Chairperson of the City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications

of the requirements of Sections 32-435 (Ground floor use in high density Commercial Districts) and 37-41 (Standards for

Location, Design and Hours of Public Accessibility) or 37-70 (PUBLIC PLAZAS) if the relocated subway stair cannot be

accommodated without modification to these provisions.

37-44 - Waiver of Requirements

LAST AMENDED

10/17/2007

The provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR) may be

waived by joint certification of New York City Transit and the Chairperson of the City Planning Commission that major

construction problems or operating design considerations render the stair relocation infeasible. In such event, the stair relocation

requirement may be satisfied by retention of the existing stair and the provision on the #zoning lot# of an open area, qualifying

under the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), that

accommodates pedestrian traffic passing the existing stair entrance.

37-50 - REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE

LAST AMENDED

10/17/2007

All pedestrian circulation space required pursuant to the provisions of any special purpose district shall comply with the

provisions of this Section, as such may be modified by the terms of the special district.

37-51 - Amount of Pedestrian Circulation Space

LAST AMENDED

2/2/2011

The minimum amount of pedestrian circulation space to be provided for #developments# or #enlargements# shall be determined

by the following table:

MINIMUM PEDESTRIAN CIRCULATION SPACE REQUIREMENTS

Size of #zoning lot# Required area of pedestrian circulation

space

5,000 to 20,000 sq. ft. 1 sq. ft. per 350 sq. ft. of new #floor

area#

Above 20,000 sq. ft. 1 sq. ft. per 300 sq. ft. of new #floor

area#

37-52 - Types of Pedestrian Circulation Space

LAST AMENDED

10/17/2007

The pedestrian circulation space provided shall be of one or more of the following types: an arcade, #building# entrance recess

area, corner arcade, corner circulation space, relocation or renovation of a subway stair, sidewalk widening, subway station

improvement, through #block# connection or #public plaza#.

Each #zoning lot# shall be categorized as either a #corner lot#, #through lot# or #interior lot#, and pedestrian circulation space

shall be provided on each #zoning lot# in at least one of the applicable types, or combinations of types, specified in the following

table:

PROVISION OF PEDESTRIAN CIRCULATION SPACE ON CERTAIN TYPES OF LOTS

Type of Pedestrian Circulation

Space

#Corner

lot#

#Through

lot#

#Interior lot#

Arcade x x x

#Building# entrance recess area x x x

Corner arcade x

Corner circulation space x

Relocation or renovation of

subway stair

x x x

Sidewalk widening x x x

Subway station improvement x x x

Through #block# connection x x

#Public plaza# x x x

Minimum design standards for each type of pedestrian circulation space and, where applicable, the maximum amount of each

type of pedestrian circulation space that may be counted toward meeting the requirements of Section 37-51 (Amount of

Pedestrian Circulation Space) are set forth in Section 37-53 (Design Standards for Pedestrian Circulation Spaces).

37-53 - Design Standards for Pedestrian Circulation Spaces

LAST AMENDED

12/19/2019

(a) Arcade

Arcades shall not be subject to the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES). In lieu

thereof, the provisions of this Section shall apply.

An arcade is a continuous covered space that adjoins and extends along a #front lot line#, is at the same elevation as the

adjoining sidewalk, is open for its entire length to the sidewalk except for columns and is accessible to the public at all

times. An arcade shall be provided on the #wide street# frontage of a #zoning lot# of a #development# or #enlargement#

where the #zoning lot# lies directly adjacent to an existing arcade on a #wide street#, except where an existing #building#

without an arcade extends along a portion of the #wide street front lot line# of the #zoning lot# containing the

#development# or #enlargement#. Where an arcade abuts another arcade, there shall be a clear, unobstructed passage

between both arcades.

An arcade shall meet the following requirements:

(1) Dimensions

An arcade with columns shall have a minimum clear width of 10 feet, exclusive of all columns, and a maximum

width of 15 feet, inclusive of columns. No column width shall be greater than five feet. Columns shall be spaced

along the #street# with a minimum clear width between columns of 15 feet. An arcade shall have a clear height

of not less than 12 feet and not more than 30 feet.

(i) On an #interior lot# or a #through lot# fronting on a #narrow street#, an arcade without columns is

permitted only if:

(a) it has a continuous, unobstructed minimum length of 100 feet or, with the exception of the

width of driveways for the required loading berths located at the #side lot line# of the #zoning

lot#, is unobstructed for the full length of the frontage of the #development#, whichever is

greater; and

(b) the entire #front lot line# shall be unobstructed for the same depth of the arcade, except for that

portion of the #front lot line# occupied by an existing #building#.

(ii) On an #interior lot# or a #through lot# fronting on a #narrow street#, an arcade with columns is

permitted only if it connects directly to an existing arcade on an adjacent #zoning lot#, matching it in

width and alignment, and has a continuous, unobstructed minimum length beyond the existing

adjacent arcade of at least 100 feet or, with the exception of the width of driveways for the required

loading berths located at the #side lot line# of the #zoning lot#, is unobstructed for the full length of the

frontage of the #development#, whichever is greater.

(iii) On a #corner lot# fronting on a #narrow street#, an arcade is permitted only if it extends for the full

length of the #street# frontage, with the exception of a driveway for a required loading berth located at

the #side lot line# of the #zoning lot#, or if the arcade provides unobstructed pedestrian flow along such

entire frontage in combination with one or more of the following other spaces with which it connects at

one or both ends: a corner arcade, a #publicly accessible open area#, an off-street rail mass transit access

improvement, an intersecting sidewalk widening, an intersecting #street#, a relocated or renovated

subway entrance, a through #block# connection or a through #block# galleria.

(iv) On a #wide street#, an arcade shall be permitted, provided that:

(a) the arcade extends along the full length of the #street line# between intersecting #streets#; or

(b) in the case of an arcade that occupies less than the entire #street# frontage between intersecting

#streets#, on a full #block# front #zoning lot#, unobstructed pedestrian flow along the entire

frontage is provided on the #zoning lot# by the arcade in combination with one or more of the

following #open spaces# with which the arcade connects at one or both ends: a corner

circulation space, a #publicly accessible open area# or an intersecting sidewalk widening; or

(c) in the case of an arcade whose #zoning lot# occupies less than the entire #street# frontage

between intersecting #streets#, the arcade connects with an existing arcade of matching width

and alignment, a #publicly accessible open area# on an adjacent #zoning lot#, so that

unobstructed pedestrian flow along the entire #block# front is provided by the arcade in

combination with such existing spaces.

(2) Full #block# front arcade

When a #zoning lot# occupies a full #block# front, both ends of the arcade on that #street# frontage shall be

open and accessible directly from the sidewalk of the intersecting #street# or any other qualifying pedestrian

circulation space.

(3) Permitted obstructions

Except for #building# columns, and exterior wall thickness pursuant to Section 33-23 (Permitted Obstructions

in Required Yards or Rear Yard Equivalents), an arcade shall be free from obstructions of any kind.

(4) Specific prohibitions

No vehicular driveways, except as permitted under paragraph (a)(1) (Dimensions) of this Section, parking

spaces, passenger drop-offs, loading berths or trash storage facilities are permitted within an arcade, nor shall

such facilities be permitted immediately adjacent to an arcade.

(5) Illumination

All existing and new arcades shall maintain a minimum level of illumination of not less than five horizontal foot

candles between sunset and sunrise.

(b) #Building# entrance recess area

A #building# entrance recess area is a space that adjoins and is open to a sidewalk or sidewalk widening for its entire

length and provides unobstructed access to the #building's# lobby entrance or to the entrance to a ground floor #use#.

A #building# entrance recess area shall meet the following requirements:

(1) Dimensions

A #building# entrance recess area shall have a minimum length of 15 feet and a maximum length of 50 feet

measured parallel to the #street line# at a #building’s# lobby entrance and a maximum length of 30 feet parallel

to the #street line# at a ground floor #use# entrance. It shall have a maximum depth of 15 feet measured from

the #street line# and shall have a minimum depth of 10 feet measured from the #street line#.


Any portion of a #building# entrance recess area under an overhanging portion of the #building# shall have a

minimum clear height of 15 feet. It shall be free of obstructions except for exterior wall thickness pursuant to

Section 33-23, and #building# columns, between any two of which there shall be a clear space of at least 15 feet

measured parallel to the #street line#. Between a #building# column and a wall of the #building#, there shall be a

clear path at least five feet in width.

(3) Permitted overlap

A #building# entrance recess area may overlap with an arcade, a corner arcade, a corner circulation space or a

sidewalk widening, and may adjoin or overlap and connect directly without obstruction to another #building#

entrance recess area except that, on any one #street# frontage, each lobby or ground floor #use# shall connect to

only one #building# entrance recess area.

(c) Corner arcade

A corner arcade shall not be subject to the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES). In

lieu thereof, a corner arcade shall be a small covered space adjoining the intersection of two #streets# at the same

elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.

A corner arcade shall meet the following requirements:

(1) Dimensions

(i) a corner arcade shall have a minimum area of 200 square feet, a minimum depth of 15 feet measured along

a line bisecting the angle of intersecting #street lines#, and shall extend along both #street lines# for at

least 15 feet but not more than 40 feet from the intersection of the two #street lines#; and

(ii) the height of a corner arcade shall be not less than 12 feet and a clear path at least 12 feet wide shall be

provided from one #street line# to another #street line#.


Except for #building# columns, and exterior wall thickness pursuant to Section 33-23, a corner arcade shall be

free from obstructions of any kind.


The specific prohibitions pertaining to an arcade as described in paragraph (a)(4) of this Section shall also be

applicable to a corner arcade.


A corner arcade may overlap with an arcade; however, the area of overlap may only be counted once toward the

fulfillment of the required minimum area of pedestrian circulation space.

(d) Corner circulation space

A corner circulation space is a small #open space# on a #zoning lot#, adjoining the intersection of two #streets#, at the

same elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.

A corner circulation space shall meet the following requirements:

(1) Dimensions

A corner circulation space shall have the same minimum dimensions as a corner arcade, as described in

paragraph (c)(1) of this Section.


A corner circulation space shall be completely open to the sky from its lowest level, except for temporary

elements of weather protection, such as awnings or canopies, provided that the total area of such elements does

not exceed 20 percent of the area of the corner circulation space and that such elements and any attachments

thereto are at least eight feet above #curb level#. A corner circulation space shall be clear of all other obstructions

including, without limitation, door swings, #building# columns, #street# trees, planters, vehicle storage, parking

or trash storage. However, exterior wall thickness may be added pursuant to Section 33-23. No gratings, except

for drainage, shall be permitted.

(3) #Building# entrances

Entrances to ground level #uses# are permitted from a corner circulation space.

An entrance to a #building# lobby is permitted from a corner circulation space, provided that the entrance is at

no point within 20 feet of the intersection of the two #street lines# that bound the corner circulation space.


A corner circulation space may overlap with a sidewalk widening.

(e) Relocation or renovation of a subway stair

When a #development# or #enlargement# is constructed on a #zoning lot# containing a relocated stairway entrance or

entrances to a subway, or an existing stairway entrance or entrances to a subway, and such entrance or entrances are

relocated or renovated in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR

RENOVATION OF A SUBWAY STAIR), inclusive, one and one-half times the area, measured at #street# level, of such

entrance or entrances may count toward meeting the pedestrian circulation space requirement.

(f) Sidewalk widening

A sidewalk widening is a continuous, paved, open area along the #front lot line# of a #zoning lot# at the same elevation

as the adjoining sidewalk and directly accessible to the public at all times. A sidewalk widening shall be provided on the

#wide street# frontage of a #zoning lot# of a #development# or #enlargement# where all existing #buildings# on the

same #block# frontage, whether on the same or another #zoning lot#, provide sidewalk widenings.

A sidewalk widening shall meet the following requirements:

(1) Dimensions

A sidewalk widening shall have a width of no less than five feet nor more than 10 feet measured perpendicular

to the #street line#, and shall be contiguous along its entire length to a sidewalk.

A sidewalk widening shall extend along the full length of the #front lot line# except for the portion of the

#front lot line# interrupted by an existing #building# which is located at a #side lot line# or, in the case of a full

#block# frontage, located at the intersection of two #streets#.

A required sidewalk widening on a #wide street# shall connect directly to any existing adjoining sidewalk

widening and shall extend the entire length of the #front lot line#.

The width of such a required sidewalk widening shall equal that of the existing adjoining sidewalk widening. If

there is more than one such existing sidewalk widening, the width of such a required sidewalk widening shall

equal that of the existing sidewalk widening that is longest.

A sidewalk widening is permitted on a #wide street# when not adjacent to an existing sidewalk widening only if

either the sidewalk widening extends along the #street line# of the #wide street# for the full length of the

#block# front, or the #zoning lot# is a #corner lot# and the sidewalk widening extends along the full length of

the #street line# of the #wide street# to its intersection with the #street line# of the other #street# on which the

#zoning lot# fronts.

Except for the permitted interruptions, as set forth in paragraph (f)(2) of this Section, a sidewalk widening is

permitted on a #narrow street# only if it has a length of at least 100 feet.

(2) Permitted interruptions

Interruptions of the continuity of a qualifying sidewalk widening shall be permitted only under the following

conditions:

(i) by an arcade that has a width equal to or greater than the width of the sidewalk widening and which is

directly connected to the sidewalk widening;

(ii) if overlapped by a corner circulation space or a #building# entrance recess area that permits

uninterrupted pedestrian flow;

(iii) if overlapped by a #public plaza#, provided that the overlapping portion of such #public plaza#

conforms to the design standard of a sidewalk widening;

(iv) by an off-street subway entrance, provided such an entrance is located at a #side lot line# or is located at

the intersection of two #street lines#;

(v) if overlapped by the queuing space of a relocated or renovated subway entrance, provided that the

queuing space for the entrance leaves at least a five foot uninterrupted width of sidewalk widening along

the entire length of the queuing space; or

(vi) by a driveway that is located at a #side lot line#; however, where the #zoning lot# has a through #block#

connection, a through #block# galleria or a through #block public plaza# at such a #side lot line#, the

location of its driveway is not restricted. The area occupied by the driveway, up to the width of the

sidewalk widening, may be counted toward meeting the pedestrian circulation space requirement,

provided that there shall be no change of grade within the area of the sidewalk widening.


A sidewalk widening shall be unobstructed from its lowest level to the sky except for those obstructions

permitted under paragraph (f)(2) of this Section, for exterior wall thickness pursuant to Section 33-23, and for

temporary elements of weather protection, such as awnings or canopies, provided that the total area of such

elements, measured on the plan, does not exceed 20 percent of the sidewalk widening area, and that such

elements and any attachments thereto are at least eight feet above #curb level#.


No #street# trees are permitted on a sidewalk widening. No vehicle storage, parking or storage of trash is

permitted on a sidewalk widening. Gratings may not occupy more than 50 percent of the sidewalk widening

area nor be wider than one half the width of the sidewalk widening.

(5) Special design treatment

When one end of the sidewalk widening abuts an existing #building# on the #zoning lot# or an existing

#building# on the #side lot line# of the adjacent #zoning lot#, design treatment of the termination of the

sidewalk widening is required to smooth pedestrian flow. The portion of the sidewalk widening subject to

design treatment, hereinafter called the transition area, shall not extend more than 10 feet nor less than five feet

along the sidewalk widening from its termination.

The transition area shall receive special design treatment which may include, but is not limited to, landscaping,

sculpture or #building# transparency. The transition area shall be designed to effect a gradual change of the

sidewalk widening width to match the #street wall# line of the existing #building# at the sidewalk widening’s

termination. This may be accomplished by a curved or diagonal edge of paving along a landscaped bed, the use

of stepped edges of the #building# or other architectural treatment of the #building# or paving which avoids an

abrupt visual termination of the sidewalk widening. Such special design treatment may be considered a

permitted obstruction.

(g) Subway station improvement

For #developments# or #enlargements# that are granted a special permit pursuant to Section 74-634 (Subway station

improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), no more than

3,000 square feet may count toward meeting the pedestrian circulation space requirement.

(h) Through #block# connection

A through #block# connection is a paved, open or enclosed space providing unobstructed access to the #building's#

main lobby and connecting, in a straight, continuous, unobstructed path, two parallel or nearly parallel #streets#.

Up to a maximum of 3,000 square feet of a through #block# connection may count toward the minimum pedestrian

circulation space requirement.

A through #block# connection shall meet the following requirements:

(1) Location

(i) A through #block# connection shall be located at least 150 feet from the intersection of two #streets#.

(ii) Where the #zoning lot# or a portion thereof is directly across a #street# from, and opposite to, an existing

through #block# connection on an adjacent #block# and the existing connection is at least 150 feet from

the intersection of two #streets#, the alignment of the new through #block# connection shall overlap

with that of the existing connection. Such existing connection may also be a through #block# galleria,

through #block public plaza# or any through #block# circulation area with a minimum width of 12 feet,

which is located within a #building#.

(iii) Where there are already two through #block# connections located on the same #block#, a new through

#block# connection shall not count toward meeting the pedestrian circulation space requirement.

(iv) No through #block# connection shall be permitted on any portion of a #zoning lot# occupied by a

landmark or interior landmark so designated by the Landmarks Preservation Commission, or occupied

by a #building# whose designation as a landmark or interior landmark has been calendared for public

hearing and is pending before the Landmarks Preservation Commission.

(2) Design standards for a through #block# connection

(i) A through #block# connection shall provide a straight, continuous, unobstructed path at least 15 feet

wide. If covered, the clear, unobstructed height of a through #block# connection shall not be less than

15 feet. Exterior wall thickness, as set forth in Section 33-23, shall be a permitted obstruction to such

path.

(ii) At no point shall the level of a through #block# connection be more than five feet above or below #curb

level#. In all cases, the through #block# connection must provide a clear path, accessible to people with

disabilities, through its entire length.

(iii) A through #block# connection may be located inside or outside of a #building#. The area of a through

#block# connection located within a #building# shall be counted as #floor area#.

(iv) A through #block# connection located partially or wholly within a #building# shall adjoin and connect

directly to the #building's# main lobby via unobstructed openings with an aggregate width exceeding

that of any other entrances to the lobby.

(v) A through #block# connection located wholly or partially outside a #building# shall provide

unobstructed access directly to the #building's# main lobby through the major entrance. For the

purposes of this Section, the major entrance shall be that entrance to the main lobby which has the

greatest aggregate width of clear openings for access.

(vi) Any portion of a through #block# connection located outside a #building# shall be illuminated

throughout with a minimum level of illumination of not less than five horizontal foot candles (lumens

per candle). Such illumination shall be maintained throughout the hours of darkness.

(vii) A through #block# connection shall at a minimum be accessible to the public from 8:00 a.m. to 7:00

p.m. on the days the #building# is open for business and shall have posted, in prominent, visible

locations at its entrances, #signs# meeting the standards set forth in paragraph (h)(2)(viii) of this

Section.

(viii) A through #block# connection shall provide the following information for public access at each public

entry to the through #block# connection:

(a) For an unenclosed through #block# connection, the public access information shall be an entry

plaque located at the entrance to the through #block# connection at each #street# frontage. The

entry plaque shall contain:

(1) a public space symbol and required text that matches the dimensions and graphic

standards provided in the Privately Owned Public Space Signage file from the Required

Signage Symbols page on the Department of City Planning website. Such symbol and

required text shall include the phrase “Open To Public” and shall be provided with a

highly contrasting background, in a format that ensures legibility. Additional

requirements and review procedures for privately owned public space signage systems

are specified in Title 62, Chapter 11, of the Rules of the City of New York; and

(2) an international Symbol of Access for people with disabilities that is at least three inches

square.

The entry plaque shall be mounted with its center five feet above the elevation of the nearest

walkable pavement on a wall or a permanent freestanding post. It shall be placed so that the

entire entry plaque is obvious and directly visible without any obstruction, along every line of

sight from all paths of pedestrian access to the through #block# connection, in a position that

clearly identifies the entry to the connection.

(b) For an enclosed through #block# connection or a portion thereof:

(1) a public space symbol and required text as described in paragraph (h)(2)(viii)(a) of this

Section, shall be mounted with its center five feet above the elevation of the nearest

walkable pavement;

(2) lettering stating "PUBLIC ACCESS TO ____ STREET," indicating the opposite

#street# to which the through #block# connection passes and which lettering shall not

be less than three inches in height and located not more than three inches away from the

public space symbol and required text; and

(3) lettering not more than two inches or less than one and a half inches in height stating

"Open" with the hours and days of operation of the through #block# connection. This

lettering shall be located not more than three inches from the public space symbol and

required text.

The above required information shall be permanently affixed on the glass panel of the entry

doors of the through #block# connection clearly facing the direction of pedestrian flow. The

information shall be located not higher than six feet or lower than three feet above the level of

the pedestrian path at the entry.

(i) #Public plaza#

A maximum of 30 percent of the area of a #public plaza# that faces a #street# intersection, or provides access to a major

#building# entrance, may be counted toward meeting the pedestrian circulation space requirement.

A maximum of 3,000 square feet of a through #block public plaza# may be counted toward meeting the pedestrian

circulation space requirement.

For all other #public plazas#, the first 10 feet of depth from the #street line# may be counted toward meeting the

pedestrian circulation space requirement, provided that the #public plaza# conforms to the design standards of a

sidewalk widening as set forth in paragraph (f) of this Section.

All #public plazas# shall comply with Section 37-70 ( PUBLIC PLAZAS), inclusive.

Any area of permitted overlap between pedestrian circulation spaces or other amenities shall be counted only once

toward meeting the required amount of pedestrian circulation space. Unobstructed access shall be provided between

overlapping spaces.

37-54 - Modification of Design Standards of Pedestrian Circulation Spaces Within Existing

Buildings

LAST AMENDED

10/17/2007

The City Planning Commission may authorize a modification of any required minimum amount of pedestrian circulation space

to be provided on #wide street# frontages and design standards, as indicated, for the following required pedestrian circulation

spaces, to be provided within or under an existing #building# to remain on a #zoning lot#:

(a) Arcade: minimum width, minimum height, obstructions, minimum clear width between obstructions, minimum length,

column sizes

(b) #Building# entrance recess area: minimum length, minimum depth from #street line#, minimum height, obstructions,

clear space between obstructions and clear space between obstructions and #building# wall

(c) Corner arcade or corner circulation space: minimum depth, minimum width of clear path, minimum height,

obstructions

(d) Through #block# connection: minimum width of unobstructed path, minimum height, through #block# level.

The Commission may authorize a modification of design standards for pedestrian circulation spaces when the following

findings are met:

(1) a modification is needed because of the inherent constraints of the existing #building#;

(2) the modification is limited to the minimum needed because of the inherent constraints of the existing #building#; and

(3) the pedestrian circulation space as modified shall be equal in area, and substantially equivalent, to the required space in

terms of quality, effectiveness and suitability for public use.

37-60 - PUBLICLY ACCESSIBLE OPEN AREAS EXISTING PRIOR TO OCTOBER 17, 2007

LAST AMENDED

10/17/2007

37-61 - Design Standards

LAST AMENDED

12/19/2019

Design standards for #plazas#, #residential plazas# and #urban plazas developed# prior to October 17, 2007, are located in

APPENDIX E of this Resolution.

Notwithstanding the foregoing, the applicable provisions of APPENDIX E shall be superseded as follows:

(a) all #plazas#, #residential plazas# and #urban plazas# shall provide an information plaque that contains a public space

symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public

Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol

and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting

background, in a format that ensures legibility. Additional requirements and review procedures for privately owned

public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York;

(b) the introduction of moveable tables and chairs pursuant to Section 37-626 (Moveable tables and chairs) shall be

permitted within #plazas#, and shall not constitute a design change pursuant to Section 37-625 (Design changes).

37-62 - Changes to Existing Publicly Accessible Open Areas

LAST AMENDED

10/17/2007

37-621 - Elimination or reduction in size of non-bonused open area

LAST AMENDED

10/17/2007

Any existing open area for which a #floor area# bonus has not been utilized that occupies the same #zoning lot# as an existing

#plaza#, #residential plaza# or #urban plaza#, for which a #floor area# bonus has been utilized, may be reduced in size or

eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with

the standards under which such #floor area# bonus was granted.

37-622 - Elimination or reduction in size of bonused open area

LAST AMENDED

10/17/2007

No existing #plaza#, #residential plaza# or #urban plaza# shall be eliminated or reduced in size except by special permit of the

City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

37-623 - Nighttime closings

LAST AMENDED

10/17/2007

The City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing

#plaza#, #residential plaza# or #urban plaza# for which a #floor area# bonus has been received, pursuant to Section 37-727

(Hours of access).

37-624 - Kiosks and open air cafes

LAST AMENDED

10/17/2007

Kiosks and open air cafes may be placed within an existing #plaza#, #residential plaza# or #urban plaza# upon certification by the

Chairperson of the City Planning Commission, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

37-625 - Design changes

LAST AMENDED

6/21/2016

Except as otherwise provided in Sections 74-41 (Arenas, Auditoriums, Stadiums or Trade Expositions), 91-83 (Retail Uses

Within Existing Arcades) and 91-841 (Authorization for retail uses within existing arcades), design changes to existing #plazas#,

#residential plazas# or #urban plazas# may be made only upon certification by the Chairperson of the City Planning

Commission that such changes would result in a #plaza#, #residential plaza# or #urban plaza# that is in greater accordance with

the standards set forth in Section 37-70 (PUBLIC PLAZAS), inclusive. The provisions of Section 37-78 (Compliance), other

than paragraph (e) (Special regulations for an urban plaza in the Special Lower Manhattan District), shall be made applicable to

such #plaza#, #residential plaza# or #urban plaza#.

37-626 - Moveable tables and chairs

LAST AMENDED

12/19/2019

Publicly accessible tables and chairs shall be considered permitted obstructions within #plazas# that have not received a

certification by the Chairperson of the City Planning Commission pursuant to Section 37-625 (Design changes), provided that

such obstructions comply with the provisions of this Section.

The following provisions shall apply to all tables and chairs permitted by this Section.

(a) General requirements

Tables and chairs provided pursuant to this Section may be used by the public without restriction. All furnishings shall be

moveable and made of high quality and durable materials. Tables and chairs shall not be chained, fixed, or otherwise

secured between the hours of 7:00 a.m. and 9:00 p.m., and may be stored or secured between the hours of 9:00 p.m. and

7:00 a.m.

(b) Circulation requirements for tables and chairs

No furnishings, including storage of furnishings, shall be permitted within five feet of any #building# entrance, nor shall they be

permitted within any required circulation paths. For #plazas# with a depth of 10 feet or less, as measured perpendicular

from the #street line#, an unobstructed path of not less than three feet wide shall be provided, and for those with a

depth greater than 10 feet, the width of such unobstructed path shall be increased to at least six feet.

37-70 - PUBLIC PLAZAS

LAST AMENDED

10/17/2007

#Public plazas# are open areas on a #zoning lot# intended for public use and enjoyment. The standards contained within

Sections 37-70 through 37-78, inclusive, are intended to serve the following specific purposes:

(a) to serve a variety of users of the #public plaza# area;

(b) to provide spaces for solitary users while at the same time providing opportunities for social interaction for small groups;

and

(c) to provide safe spaces, with maximum visibility from the #street# and adjacent #buildings# and with multiple avenues for

ingress and egress.

All #public plazas# shall comply with the provisions of Section 37-70 through 37-78, inclusive. These provisions may be

modified pursuant to Section 74-91 (Modification of Public Plazas).

37-71 - Basic Design Criteria

LAST AMENDED

10/17/2007


LAST AMENDED

10/17/2007

Corner public plaza

A “corner public plaza” is a #public plaza# that is located on an intersection of two or more #streets#.

Through block public plaza

A “through block public plaza” is a #public plaza# or portion of a #public plaza# that is not a #corner public plaza# and that

connects two #streets# that are parallel or within 45 degrees of being parallel to each other.

37-712 - Area dimensions

LAST AMENDED

6/10/2009

A #public plaza# shall contain an area of not less than 2,000 square feet. In no case shall spaces between existing #buildings#

remaining on the #zoning lot# qualify as #public plazas#. In addition, in order to preserve the provisions relating to the

boundaries, proportions and obstructions of #public plazas#, on any one #zoning lot#, an open area which does not qualify for

bonus #floor area# may not be located between two #public plazas#, or between a #public plaza# and a #building# wall or

#arcade#.

Any non-bonused open area located adjacent to a #public plaza#, other than an open area bounding a #street line# used for

pedestrian access, must either:

(a) be separated from the #public plaza# by a buffer, such as a wall, decorative fence, or opaque plantings at least six feet in

height; or

(b) meet all requirements for minor portions of #public plazas# related to size, configuration, orientation, as specified in

Section 37-716.

37-713 - Locational restrictions

LAST AMENDED

7/20/2017

No #public plaza#, or portion thereof, shall be located within 175 feet of an existing #publicly accessible open area# or #public

park# as measured along the #street line# on which the existing amenity fronts if the #public plaza# is to be located on the same

side of the #street#, or as measured along the directly opposite #street line# if the #public plaza# is to be located on the other side

of the #street#. Such distance shall include the width of any #street# that intersects the #street# on which the amenity fronts.

However, such location restriction may be waived if the #public plaza# is located directly across the #street# from the existing

#publicly accessible open area# or #public park# and if the Chairperson of the City Planning Commission finds that the

location of the #public plaza# at such location would create or contribute to a pedestrian circulation network connecting the

two or more open areas.

Additional provisions regarding the location of a #public plaza# are set forth in the #Special Midtown District#, the #Special

Lower Manhattan District# and the #Special Downtown Brooklyn District#.

37-714 - Restrictions on orientation

LAST AMENDED

10/17/2007

For purposes of the orientation requirements, a "north-facing," "south-facing," "east-facing" or "west-facing" #street line# means

a #street line# facing within 45 degrees of the direction indicated. To front on a #street# means to be contiguous to the #street

line# or to a sidewalk widening along the #street line#.

(a) Where the major portion of a #public plaza# fronts on only one #street line#, such major portion is not permitted to

front on a north-facing #street line# of a #zoning lot#.

(b) No major portion of a #public plaza# shall only front on a west-facing #street line# or an east-facing #street line# if the

#zoning lot# also has frontage that is 40 feet or more in length on a south-facing #street line#.

(c) A #corner public plaza# must have its major portion, as defined in paragraph (b) of Section 37-715, front on the south-

facing #street line#. In the case of a #zoning lot# having frontage on a south-facing #street line# of less than 40 feet, or

having its frontage at the intersection of a north-facing #street line# with either an east- or west-facing #street line#, the

major portion must front on the east- or west-facing #street line#.

However, the orientation restrictions may be modified if the Chairperson of the City Planning Commission finds that the

orientation regulations would conflict with mandatory #street wall# regulations or that the modifications would result in better

access to light and air for the #public plaza#.

37-715 - Requirements for major portions of public plazas

LAST AMENDED

10/17/2007

The major portion of a #public plaza# is the largest area of the #public plaza# and the area of primary use. Major portions shall

be generally regular in shape, easily and directly accessible from adjoining #buildings# and public spaces, and continuously visible

from within all portions of the #public plaza# and from adjoining public spaces. Major portions shall occupy no less than 75

percent of the total #public plaza# area.

(a) All contiguous #public plaza# areas on a #zoning lot# shall be considered as one #public plaza#.

(b) The shape and dimensions of a #public plaza# shall be such that all points within the major portion shall be visible when

viewed perpendicular from each adjacent #street#. #Corner public plazas# that front on two #streets# that do not meet

at a 90 degree angle must be fully visible when viewed perpendicular from one adjoining #street# and at least 50 percent

of the #public plaza# must be visible when viewed perpendicular to the other adjoining #street#. For the purposes of this

regulation, points that when viewed in plan may be joined by a straight line shall be considered visible one from the

other; visibility between points shall not be affected by permitted obstructions or by changes of grade. Points within

#public plazas# that front on three intersecting streets shall be treated as two #corner public plazas#.

The major portion of a #public plaza# shall be at least 75 percent of the #public plaza's# total area, except that in the case

of a #through block public plaza#, pursuant to Section 37-717, a line drawn within 25 feet of the midblock line shall

divide the #through block public plaza# into two areas that must separately meet all requirements of the #public plaza#

regulations. The major portion of the #public plaza# shall be subject to the proportional requirements set forth in

paragraphs (c) and (d) of this Section.

(c) The major portion of a #public plaza# shall have a minimum average width and depth of 40 feet. For #public plazas# that

front on only one #street#, no more than 20 percent of the #public plaza# area may have a width of less than 40 feet.

Dimensions shall be measured parallel and perpendicular to the #street line# on which the #public plaza# fronts.

(d) For major portions of #public plazas#, the maximum width measured parallel to any one #street# shall not be greater

than three times the average depth of the #public plaza# measured perpendicular to the #street line# or the average

width measured parallel to any one #street# shall not be greater than three times the maximum depth of the #public

plaza# measured perpendicular to the #street line#.

37-716 - Requirements for minor portions of public plazas

LAST AMENDED

10/17/2007

Minor portions of #public plazas# are secondary areas that allow for additional flexibility in the shape and configuration of a

#public plaza#. Minor portions shall not occupy more than 25 percent of the total area of the #public plaza#. The width of a

minor portion shall be measured parallel to the line separating the major and minor portions. The depth of a minor portion shall

be measured perpendicular to the line separating the major and minor portions. The provisions of Section 37-715

(Requirements for major portions of public plazas) shall not apply to such minor portions and the following regulations shall

apply:

(a) The minor portion shall have a minimum average width and depth of 15 feet.

(b) The minor portion must be directly adjacent to the major portion.

(c) All points within the minor portion must be visible from within the major portion when viewed perpendicular to the line

separating the major and minor portions.

(d) The minor portion must front directly on a #street# adjoining the major portion, unless the minor portion has:

(1) a width to depth ratio of at least 3:1; and

(2) its longest dimension contiguous with the major portion.

37-717 - Regulations for through block public plazas

LAST AMENDED

10/17/2007

#Through block public plazas# shall be treated as two #public plazas# separated at a line drawn within 25 feet of the midblock

line.

Where any #building# wall or walls adjoin a #through block public plaza# or through #block# portion of a #public plaza# and

where such wall or walls exceed 120 feet aggregate length, a minimum 10 foot setback at a height between 60 and 90 feet is

required for the full length of the #building# wall.

#Through block public plazas# shall contain a circulation path at least 10 feet in width, connecting the two #streets# on which

the #public plaza# fronts, as specified in Section 37-723.

37-718 - Paving

LAST AMENDED

10/17/2007

The paving of the #public plaza# shall be of non-skid durable materials that are decorative and compatible in color and pattern

with other design features of the #public plaza#.

37-72 - Access and Circulation

LAST AMENDED

10/17/2007

37-721 - Sidewalk frontage

LAST AMENDED

4/30/2012

To facilitate pedestrian access to a #public plaza#, the following rules shall apply to the area of the #public plaza# located within

15 feet of a #street line# or sidewalk widening line:

(a) At least 50 percent of such area shall be free of obstructions and comply with the following provisions:

(1) at least 50 percent of the #public plaza# frontage along each #street line# or sidewalk widening line shall be free of

obstructions; and

(2) such unobstructed access area shall extend to a depth of 15 feet measured perpendicular to the #street line#. The

width of such access area need not be contiguous provided that no portion of such area shall have a width of less

than five feet measured parallel to the #street line#, and at least one portion of such area shall have a width of at

least eight feet measured parallel to the #street line#.

(b) In the remaining 50 percent of such area, only those obstructions listed in Section 37-726 (Permitted obstructions) shall

be allowed, provided such obstructions are not higher than two feet above the level of the public sidewalk fronting the

#public plaza#, except for light stanchions, public space signage, railings for steps, exterior wall thickness pursuant to

Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), trash receptacles, trees and fixed or

moveable seating and tables. Furthermore, planting walls or trellises, water features and artwork may exceed a height of

two feet when located within three feet of a wall bounding the #public plaza#.

For #corner public plazas#, the requirements of this Section shall apply separately to each #street# frontage, and the area within

15 feet of the intersection of any two or more #streets# on which the #public plaza# fronts shall be at the same elevation as the

adjoining public sidewalk and shall be free of obstructions.

37-722 - Level of plaza

LAST AMENDED

10/17/2007

The level of a #public plaza#, inclusive of major and minor portions, shall not at any point be less than the average elevation of

#curb level# of the nearest adjoining #street# nor more than two feet above the average #curb level# of the nearest adjoining

#street# in front of the major and minor portions of the #public plaza#. However, a #public plaza# with an area of 10,000 square

feet or more may additionally have a maximum of 20 percent of its area at an elevation more than two feet above, but not more

than four feet above #curb level# of the nearest adjoining #street# in front of the major and minor portions of the #public

plaza#, provided that such higher portion may not be located within 25 feet of any #street line#. #Public plazas# that front on

#streets# with slopes greater than 2.5 percent along the frontage of the #public plaza# may not at any point be more than one

foot below the #curb level# of the adjoining #street#.

37-723 - Circulation paths

LAST AMENDED

10/17/2007

Circulation paths within #public plazas# shall provide for unobstructed pedestrian circulation throughout the minor and major

portions of the #public plaza# and shall, at a minimum, connect all #streets# on which the #public plaza# fronts and all major

elements of the #public plaza#, including seating areas, #building# entrances, approved open air cafes and kiosks, and significant

design features of the #public plaza#. A minimum of one such circulation path shall be provided of at least eight feet clear width.

Circulation paths shall extend to at least 80 percent of the depth of the major portion of the #public plaza#, measured

perpendicular from each #street line#. #Through block public plazas# shall provide at least one circulation path with a minimum

width of 10 feet connecting each #street# on which the #public plaza# fronts. Trees planted flush to grade, light stanchions,

trash receptacles, and public space signage shall be considered permitted obstructions within circulation paths; however, all trees

located within circulation paths must comply with the regulations for flush-to-grade trees in Section 37-742.

37-724 - Subway entrances

LAST AMENDED

6/10/2009

Where an entry to a subway station exists in the sidewalk area of a #street# on which a #public plaza# fronts and such entry is

not replaced within the #public plaza# itself, the #public plaza# shall be at the same elevation as the adjacent sidewalk for a

distance of at least 15 feet in all directions from the entry superstructure. Such #public plaza# area around a subway entry shall be

free of all obstructions and may count towards the required clear area requirements as specified in Section 37-721 (Sidewalk

frontage).

37-725 - Steps

LAST AMENDED

10/17/2007

Any steps provided within the #public plaza# must have a minimum height of four inches and a maximum height of six inches.

Steps must have a minimum tread of 17 inches; steps with a height of five inches, however, may have a minimum tread of 15

inches.

37-726 - Permitted obstructions

LAST AMENDED

4/30/2012

(a) #Public plazas# shall be open to the sky and unobstructed except for the following features, equipment and

appurtenances normally found in #public parks# and playgrounds: water features, including fountains, reflecting pools

and waterfalls; sculptures and other works of art; seating, including benches, seats and moveable chairs; trees, planters,

planting beds, lawns and other landscape features; arbors or trellises; litter receptacles; bicycle racks; tables and other

outdoor furniture; lights and lighting stanchions; public telephones; public restrooms; permitted temporary exhibitions;

permitted awnings, canopies or marquees; permitted freestanding #signs#; play equipment; exterior wall thickness

added pursuant to Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents); permitted

kiosks and open-air cafes; stages; subway station entrances, which may include escalators; and drinking fountains.

However, an area occupied in aggregate by such permitted obstruction shall not exceed the maximum percentage cited

in paragraph (b) of this Section. In addition, certain of the obstructions listed in this paragraph, (a), shall not be

permitted within the sidewalk frontage of a #public plaza#, as described in Section 37-721 (Sidewalk frontage).

(b) Permitted obstructions may occupy a maximum percentage of the area of a #public plaza#, as follows:

For #public plazas# less than 10,000 square feet in area: 40 percent

For #public plazas# less than 10,000 square feet in area with a permitted open air cafe: 50 percent

For #public plazas# 10,000 square feet or more in area: 50 percent

For #public plazas# 10,000 square feet or more in area with a permitted open air cafe: 60 percent.

The area of permitted obstructions shall be measured by outside dimensions. Obstructions that are non-permanent or

moveable, such as moveable chairs, open air cafes, or temporary exhibitions shall be confined within gross areas

designated on the site plan, and not measured as individual pieces of furniture.

Trees planted flush-to-grade in accordance with the provisions of Section 37-742 (Planting and trees) and tree canopies

do not count as obstructions for the purpose of calculating total area occupied by permitted obstructions. Planting beds

and their retaining walls for trees count as obstructions, except that lawn, turf or grass areas intended for public access

and seating shall not count as obstructions, provided such lawns do not differ in elevation from the adjoining #public

plaza# elevation by more than six inches. Exterior wall thickness added pursuant to Section 33-23 in any #publicly

accessible open area# or #public plaza# built prior to April 30, 2012, shall not count as obstructions for the purpose of

calculating total area occupied by permitted obstructions.

(c) Canopies, awnings, marquees and sun control devices

(1) Entrances to #buildings# located within a #public plaza# may have a maximum of one canopy, awning or

marquee, provided that such canopy, awning or marquee:

(i) has a maximum area of 250 square feet;

(ii) does not project into the #public plaza# more than 15 feet when measured perpendicular to the

#building# facade;

(iii) is located a minimum of 15 feet above the level of the #public plaza# adjacent to the #building#

entrance; and

(iv) does not contain vertical supports.

Such canopies, awnings, and marquees shall be designed to provide maximum visibility into the #public

plaza# from adjoining #streets# and the adjacent #building#. However, canopies, awnings and marquees

associated with entrances to #buildings# containing #residences# located within a #public plaza# may

project more than 15 feet into the #public plaza# and contain vertical supports if they are located

entirely within 10 feet of the edge of the #public plaza#.

(2) Sun control devices may be located within a #public plaza#, provided that all such devices:

(i) shall be located above the level of the first #story# ceiling;

(ii) shall be limited to a maximum projection of 2 feet, 6 inches;

(iii) shall have solid surfaces that, in aggregate, cover an area no more than 20 percent of the area of the

#building# wall (as viewed in elevation) from which they project; and

(iv) may rise above the permitted #building# height, up to the height of a parapet wall or guardrail, pursuant

to Section 33-42 (Permitted Obstructions);

(d) Prohibition of garage entrances, driveways, parking spaces, loading berths, exhaust vents, mechanical equipment and

#building# trash storage facilities

No garage entrances, driveways, parking spaces, passenger drop offs or loading berths shall be permitted within a

#public plaza#. No #building# trash storage facilities are permitted within a #public plaza#, nor shall any #building#

trash storage facility be accessed or serviced through the #public plaza#. If garage entrances, parking spaces, passenger

drop offs, driveways, loading berths or #building# trash storage facilities are located near or adjoin a #public plaza#, they

shall be separated from it by a barrier sufficient to substantially conceal these facilities and any vehicles therein when

viewed from any point in the #public plaza#.

No exhaust vents or mechanical equipment are permitted on any #public plaza# or on any #building# wall fronting

upon the #public plaza#, unless such exhaust vents are more than 15 feet above the level of the adjacent #public plaza#.

All exhaust vents and mechanical equipment located adjacent to a #public plaza# shall be separated from it by a barrier

sufficient to substantially, visually and audibly, conceal their presence and operation. Air intake vents or shafts shall be

permitted within a #public plaza#, provided that such vents are concealed from public view by planting or other design

features and that such vents do not impair visibility within the #public plaza# area.

37-727 - Hours of access

LAST AMENDED

10/17/2007

All #public plazas# shall be accessible to the public at all times, except where the City Planning Commission has authorized a

nighttime closing, pursuant to the provisions of this Section.

In all districts, the City Planning Commission may authorize the closing during certain nighttime hours of an existing or new

#publicly accessible open area#, if the Commission finds that:

(a) such existing #publicly accessible open area# has been open to the public a minimum of one year or there are significant

operational or safety issues documented, or for new #public plazas# significant safety issues have been documented and

provided as part of the application for authorization of nighttime closing;

(b) such closing is necessary for public safety within the #publicly accessible open area# and maintenance of the public open

areas as documented by the applicant;

(c) the layout and design of the #publicly accessible open area# will promote public use and free and easy pedestrian

circulation throughout the space;

(d) any approved design element that limits public access, as specified in paragraph (e) of this Section, shall not impede

public circulation, visual or physical access within the #publicly accessible open area# or between the #publicly accessible

open area# and other public areas during hours of public operation;

(e) a design element that limits public access shall:

(1) be of a design that is integrated with the design of the #publicly accessible open area# in a manner that would

promote the attractiveness of the space for public use and enjoyment;

(2) not exceed five feet in height;

(3) be fully removed from the #publicly accessible open area# during the hours of public access; however, barriers not

to exceed 3 feet, 6 inches in height may have posts or supports that remain during the hours of public access

provided that such posts or supports do not exceed six inches in width;

(4) not involve stanchions or cabinets for barrier storage located with the #publicly accessible open area#, except for

stanchions or cabinets located at the edges of the #publicly accessible open area#;

(5) not inhibit or diminish access to the #publicly accessible open area# nor impede pedestrian circulation into,

through, or along the frontage of the #publicly accessible open area#, and not obstruct access during the hours

of public access; and

(6) be substantially transparent;

(f) public access to the #publicly accessible open area# between the hours of 7:00 a.m. and 10:00 p.m. from April 15 to

October 31 and from 7:00 a.m. to 8:00 p.m. from November 1 to April 14, or a schedule specified by the Commission, is

assured by appropriate legal documents and that an hours of access plaque shall be affixed to the enclosure or barrier

which shall indicate the hours of public access to the #publicly accessible open area#, as specified in Section 37-751,

paragraph (c). However, if an open air cafe or kiosk is located within the #publicly accessible open area#, such #publicly

accessible open area# shall remain open to the public during the hours of operation of the open air cafe or kiosk;

(g) plans have been submitted that demonstrate that, where appropriate, the #publicly accessible open area# will be

improved, to the maximum extent feasible, in accordance with the standards set forth for #public plazas#;

(h) a program for continuing maintenance of the #publicly accessible open area# has been established in accordance with

Section 37-77.

In order to promote increased public use of the public open areas, the Commission may require, or the applicant may request,

additional improvements to the existing #publicly accessible open area#, including, where appropriate, amenities such as kiosks

or open air cafes as described in Section 37-73. In no event shall any #publicly accessible open area# be reduced in size.

All applications for nighttime closings of #publicly accessible open areas# filed with the Commission shall include a detailed site

plan or plans indicating compliance with the provisions of this Section, including but not limited to materials, dimensions, and

configuration or any design element that limits public access, the storage location for the design element that limits public access

during the hours of public operation of the #public plaza#, and the hours of the #publicly accessible open area's# accessibility to

the public. All such plans for #publicly accessible open areas#, once authorized, shall be filed and duly recorded in the Borough

Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument providing

notice of the authorization pursuant to this Section. The form and contents of the legal instrument shall be satisfactory to the

Commission, and the filing and recording of such instrument shall be a precondition for the nighttime closing of any #publicly

accessible open area#. The recording information shall be included on the certificate of occupancy for any #building#, or portion

thereof, on the #zoning lot#, issued after the recording date.

The land use application for an authorization under this Section shall be sent to the applicable Community Board, local Council

Member and Borough President. If the Community Board, local Council Member or Borough President elects to comment on

such application, it must be done within 45 days of receipt of such application.

The Commission shall file any such authorization with the City Council. The Council, within 20 days of such filing, may

resolve by majority vote to review such authorization. If the Council so resolves, within 50 days of the filing of the

Commission's authorization, the Council shall hold a public hearing and may approve or disapprove such authorization. If,

within the time periods provided for in this Section, the Council fails to act on the Commission's authorization, the Council

shall be deemed to have approved such authorization.

37-728 - Standards of accessibility for persons with disabilities

LAST AMENDED

6/10/2009

All #public plazas# shall conform with applicable laws pertaining to access for persons with disabilities regardless of whether the

#building# associated with the #public plaza# is existing or new.

37-73 - Kiosks and Open Air Cafes

LAST AMENDED

6/21/2016

Kiosks and open air cafes may be placed within a #publicly accessible open area# upon certification, pursuant to this Section.

Such features shall be treated as permitted obstructions. Only #uses# permitted by the applicable district regulations may

occupy #publicly accessible open areas# or front on #publicly accessible open areas#.

(a) Kiosks

Where a kiosk is provided, it shall be a one-story temporary or permanent structure that is substantially open and

transparent as approved by the Department of Buildings in conformance with the Building Code. Kiosks, including

roofed areas, shall not occupy an area in excess of 100 square feet per kiosk. One kiosk is permitted for every 5,000

square feet of #publicly accessible open area#, exclusive of areas occupied by other approved kiosks or open air cafes.

Kiosk placement shall not impede or be located within any pedestrian circulation path. Any area occupied by a kiosk

shall be excluded from the calculation of #floor area#. Kiosks may be occupied only by #uses# permitted by the

applicable district regulations such as news, book or magazine stands, food or drink service, flower stands, information

booths, or other activities that promote the public use and enjoyment of the #publicly accessible open area#. Any kitchen

equipment shall be stored entirely within the kiosk.

Kiosks must be in operation and provide service a minimum of 225 days per year. However, kiosks may operate for fewer

days in accordance with conditions set forth in paragraph (c) of this Section.

Notwithstanding the provisions of Section 32-41 (Enclosure within Buildings), outdoor eating services or #uses#

occupying kiosks may serve customers in a #publicly accessible open area# through open windows.

(b) Open air cafes

Where an open air cafe is provided, it shall be a permanently unenclosed restaurant or eating or drinking place,

permitted by applicable district regulations, which may have waiter or table service, and shall be open to the sky except

that it may have umbrellas, temporary fabric roofs with no vertical supports in conformance with the Building Code,

and removable heating lamps. Open air cafes shall occupy an aggregate area not more than 20 percent of the total area of

the #publicly accessible open area#. #Publicly accessible open areas# less than 10 feet in width that are located between

separate sections of the same open air cafe or between sections of an open air cafe and a kiosk that provides service for

such cafe must be included in the calculation of the maximum aggregate area of the open air cafe. Open air cafes shall be

located along the edge of the #publicly accessible open area#, except for open air cafes located within #publicly accessible

open areas# greater than 30,000 square feet in area. Open air cafes may not occupy more than one third of any #street#

frontage of the #publicly accessible open area# and may not contain any required circulation paths. An open air cafe

must be accessible from all sides where there is a boundary with the remainder of the #publicly accessible open area#,

except where there are planters or walls approved pursuant to a prior certification for an open air cafe. Subject to the

foregoing exception, fences, planters, walls, fabric dividers or other barriers that separate open air cafe areas from the

#publicly accessible open area# or sidewalk are prohibited. All furnishings of an open air cafe, including tables, chairs,

bussing stations, and heating lamps, shall be completely removed from the #publicly accessible open area# when the

open air cafe is not in active use, except that tables and chairs may remain in the #publicly accessible open area# if they

are unsecured and may be used by the public without restriction. No kitchen equipment shall be installed within an

open air cafe; kitchen equipment, however, may be contained in a kiosk adjoining an open air cafe. An open air cafe

qualifying as a permitted obstruction shall be excluded from the definition of #floor area#.

The exterior corners of the border of the space to be occupied by an open air cafe shall be marked on the ground by a line

painted with white latex traffic or zone marking paint. The line shall be one inch wide and three inches in length on each

side of the cafe border from the point where the borders intersect at an angled corner. In addition, a line one inch wide

and three inches long shall be marked on the ground at intervals of no more than five feet starting from the end point of

the line marking the cafe corners.

Open air cafes must be in operation and provide service a minimum of 225 days per year.

Open air cafes shall be located at the same elevation as an adjoining #public plaza# and sidewalk area, except for

platforms that shall not exceed six inches in height.

(c) Certification

Kiosks and open air cafes may be placed within the area of a #publicly accessible open area# upon certification by the

Chairperson of the City Planning Commission to the Commissioner of Buildings, that:

(1) such #use# promotes public use and enjoyment of the #publicly accessible open area#;

(2) such #use# complements desirable #uses# in the surrounding area;

(3) the owner of such #use# or the #building# owner shall be responsible for the maintenance of such kiosk or open

air cafe, which shall be located within areas designated on building plans as available for occupancy by such

#uses# and no encroachment by a kiosk or open air cafe outside an area so designated shall be permitted;

(4) such #use# does not adversely impact visual and physical access to and throughout the #publicly accessible open

area#;

(5) such #use#, when located within a #public plaza#, is provided in accordance with all the requirements set forth in

this Section;

(6) for kiosks and open air cafes located within an existing #publicly accessible open area#, such #use# is proposed as

part of a general improvement of the #publicly accessible open area# where necessary, including as much

landscaping and public seating as is feasible, in accordance with the standards for #public plazas#;

(7) a #sign# shall be provided in public view within the cafe area indicating the days and hours of operation of such

cafe; and

(8) for kiosks that are in operation less than 225 days per year, an off-season plan has been submitted to the

Chairperson showing that such kiosks will be completely removed from the #publicly accessible open area#

when not in operation, that the area previously occupied by the kiosk is returned to public use and such area is

in compliance with the applicable #publicly accessible open area# design standards.

(d) Process

An application for certification shall be filed with the Chairperson of the City Planning Commission, and the

Chairperson shall furnish a copy of the application for such certification to the affected Community Board at the

earliest possible stage. The Chairperson will give due consideration to the Community Board’s opinion as to the

appropriateness of such a facility in the area and shall respond to such application for certification within 60 days of the

application's receipt.

The Chairperson shall file any such certification with the City Council. The Council, within 20 days of such filing, may

resolve by majority vote to review such certification. If the Council so resolves, within 50 days of the filing of the

Chairperson's certification, the Council shall hold a public hearing and may approve or disapprove such certification. If,

within the time periods provided for in this Section, the Council fails to act on the Chairperson's certification, the

Council shall be deemed to have approved such certification.

Such certification shall be effective for a period of three years.

All applications for the placement of kiosks or open air cafes shall include a detailed site plan or plans indicating

compliance with the provisions of this Section, including the layout and number of tables, chairs, restaurant equipment

and heating lamps, as well as the storage location for periods when the kiosk or open air cafe is closed. Where a kiosk or

open air cafe is to be located within an existing #publicly accessible open area#, each kiosk or open air cafe application

must be accompanied by a compliance report in accordance with the requirements of Section 37-78, paragraph (c).

Where design changes to #publicly accessible open areas# are necessary in order to accommodate such kiosk or open air

cafe, or to comply with paragraph (c)(6) of this Section, a certification pursuant to Section 37-625 (Design changes) shall

be required, except that within the #Special Lower Manhattan District#, design changes to a #publicly accessible open

area# pursuant to the provisions of Section 91-832 (Plaza improvements) as part of a certification pursuant to Section

91-83 (Retail Uses Within Existing Arcades), an authorization pursuant to Section 91-841 (Authorization for retail uses

within existing arcades) or a certification pursuant to Section 91-837 (Subsequent design changes) may satisfy the

requirements in paragraph (c)(6) of this Section.

All such plans for kiosks or open air cafes, once certified, shall be filed and duly recorded in the Borough Office of the

City Register of the City of New York, indexed against the property in the form of a legal instrument providing notice

of the certification for the kiosk or open air cafe, pursuant to this Section. The form and contents of the legal

instrument shall be satisfactory to the Chairperson, and the filing and recording of such instrument shall be a

precondition for the placement of the kiosk or open air cafe within the #publicly accessible open area#.

37-74 - Amenities

LAST AMENDED

10/17/2007

All #public plazas# shall provide amenities, as listed in Sections 37-741 through 37-748, inclusive. All required amenities shall be

considered permitted obstructions within the #public plaza#.

37-741 - Seating

LAST AMENDED

6/10/2009

Standards for seating within #public plazas# are intended to facilitate the provision of abundant, comfortable and accessible

seating throughout the #public plaza#, including, more specifically, as follows:

(a) to provide a broad variety of seating types and configurations;

(b) to accommodate individual users engaged in solitary activities as well as groups engaged in social activities;

(c) to provide a comfortable and safe seating surface by providing smooth, even and level surfaces with rounded edges;

(d) to incorporate, to the maximum extent possible, a combination of fixed benches, moveable chairs, seating with backs,

seat walls and ledges, and seating steps;

(e) to provide ample opportunity for social seating as a basic seating type that consists of seats that are placed in close

proximity and at angles to one another or in facing configurations that facilitate social interaction.

There shall be a minimum of one linear foot of seating for each 30 square feet of #public plaza# area.

A minimum of one linear foot of the required seating for every two linear feet of #street# frontage must be located within 15

feet of the #street line#. At least 50 percent of this seating shall have backs and at least 50 percent of the seats with backs shall

face the #street#.

Seating requirements may be satisfied by the following seating types: moveable seating, fixed individual seats, fixed benches with

and without backs, and design-feature seating such as seat walls, planter ledges, or seating steps. All #public plazas# shall provide

at least two different types of seating. #Public plazas# greater than 5,000 square feet in area shall provide at least three different

types of seating. #Public plazas# greater than 10,000 square feet in area must provide moveable seating as one of the required

seating types.

Not more than 50 percent of the linear seating capacity may be in moveable seats that may be stored between the hours of sunset

and sunrise, where the City Planning Commission has authorized a limitation on the hours of access pursuant to Section 37-727.

Devices or forms affixed or incorporated into planter ledges, steps, sills or other horizontal surfaces that would otherwise be

suitable for seating that are intended to prevent or inhibit seating (such as spikes, metal bars, or pointed, excessively rough, or

deliberately uncomfortable materials or forms) shall be prohibited.

Deterrents to skateboards, rollerblades and other wheeled devices are permitted on seating surfaces if they do not inhibit seating,

maintain a minimum distance of five feet between deterrents, and are integrated into the seating surface at the time of

manufacture or construction or should be constructed of materials that are consistent with the materials and finish quality of

the seating surface.

The following standards shall be met for all required seating:

(1) Seating shall have a minimum depth of 18 inches. Seating with 36 inches or more in depth may count towards two seats,

provided there is access to both sides. When required seating is provided on a planter ledge, such ledge must have a

minimum depth of 22 inches.

(2) Seating shall have a height not less than 16 inches nor greater than 20 inches above the level of the adjacent walking

surface. However, as described in paragraph (5) of this Section, seating steps may have a height not to exceed 30 inches

and seating walls may have a height not to exceed 24 inches.

(3) At least 50 percent of the linear feet of fixed seating shall have backs at least 14 inches high and a maximum seat depth of

20 inches. Walls located adjacent to a seating surface shall not count as seat backs. All seat backs must either be

contoured in form for comfort or shall be reclined from vertical between 10 to 15 degrees.

(4) Moveable seating or chairs, excluding seating for open air cafes, may be credited as 24 inches of linear seating per chair.

Moveable seating provided as a required amenity shall be provided in the amount of one chair per 200 square feet of

#public plaza# area. One table shall be provided for every four such moveable chairs.

All moveable seats must have backs and a maximum seat depth of 20 inches. Moveable chairs shall not be chained, fixed

or otherwise secured while the #public plaza# is open to the public; moveable chairs, however, may be removed during

the nighttime hours of 9:00 p.m. to 7:00 a.m.

(5) Seating steps and seating walls may be used for required seating if such seating does not, in aggregate, represent more than

15 percent of the linear feet of required seating in the #public plaza#. Seating steps shall not include any steps intended

for circulation and must have a height not less than six inches nor greater than 30 inches and a depth not less than 18

inches. Seating walls shall have a height not greater than 18 inches; such seating walls, however, may have a height not to

exceed 24 inches if they are located within 10 feet of an edge of the #public plaza#.

(6) Seating in open air cafes shall not count towards meeting the seating requirement of this Section.

(7) Seats that face walls must be a minimum of six feet from such wall.

37-742 - Planting and trees

LAST AMENDED

6/10/2009

The provisions of this Section are intended to facilitate a combination of landscaping elements in order to provide comfort,

shade and textural variety.

At least 20 percent of the area of a #public plaza# shall be comprised of planting beds with a minimum dimension of two feet,

exclusive of any bounding walls.

All #public plazas# shall provide a minimum of four trees. For a #public plaza# greater than 6,000 square feet in area, an

additional four caliper inches in additional trees or multi-stemmed equivalents must be provided for each additional 1,000

square feet of #public plaza# area, rounded to the nearest 1,000 square feet.

For all #public plazas#, at least 50 percent of required trees shall be planted flush-to-grade or planted at grade within planting

beds with no raised curbs or railings. Trees planted flush-to-grade shall be surrounded by a porous surface (such as grating or

open-joint paving) that allows water to penetrate into the soil for a minimum radius of 2 feet, 6 inches. Such porous surface shall

be of sufficient strength and density to accommodate pedestrian circulation, including all requirements related to accessibility

for the disabled, and shall be of a design that allows for tree growth. Installed fixtures such as lighting stanchions, electrical

outlets or conduits shall not be located within the required porous area of any tree planted flush-to-grade.

Where trees are planted within a #public plaza#, they shall measure at least four inches in caliper at the time of planting, unless

alternative, multi-stemmed equivalents are specified in the approved planting plans. Each tree shall be planted in at least 200

cubic feet of soil with a depth of soil of at least 3 feet, 6 inches.

Planting beds shall have a soil depth of at least 18 inches for grass or other ground cover, three feet for shrubs and 3 feet, 6 inches

for trees. No planters or planting beds shall have bounding walls that exceed 18 inches in height above an adjacent walking

surface or the highest adjacent surface where the bounding wall adjoins two or more walking surfaces with different elevations.

Any planting bed containing required trees shall have a continuous area of at least 75 square feet for each tree exclusive of

bounding walls. Furthermore, each tree located within a planting bed shall be surrounded by a continuous permeable surface

measuring at least five feet square. Any lawns or turf grass planting beds shall not exceed six inches above any adjacent walking

surfaces.

All planted areas shall either be automatically irrigated or shall consist of species that do not require regular watering.

All planted areas located above subsurface structures such as #cellars# or garages shall have drainage systems to prevent collection

and pooling of water within planted areas.

#Street# trees are required to be planted in the public sidewalk area adjacent to a #zoning lot# that contains bonus #floor area#

for #public plazas# in accordance with Section 26-41 (Street Tree Planting). The length of frontage of the #zoning lot# for the

purpose of computing required #street# trees may be reduced by 50 feet for each #street# intersection fronted by the #zoning

lot#. If the Department of Parks and Recreation determines that the tree planting requirements of this paragraph are infeasible,

the number of required #street# trees that cannot be planted shall be planted in accordance with the off-site tree provisions set

forth in Section 26-41 or within the #public plaza#.

37-743 - Lighting and electrical power

LAST AMENDED

2/2/2011

#Public plazas# shall be illuminated to provide for safe use and enjoyment of all areas of the #public plaza#. Special attention

should be provided in lighting steps and other changes in elevation and areas under tree canopies and permitted canopies within

the #public plaza#.

#Public plazas# shall be illuminated with a minimum level of illumination of not less than two horizontal foot candles (lumens

per foot) throughout all walkable and sitting areas, including sidewalks directly adjacent to the #public plaza#, and a minimum

level of illumination of not less than 0.5 horizontal foot candles (lumens per foot) throughout all other areas. All lighting

sources used to satisfy this illumination requirement shall be located outdoors on the subject #zoning lot#. Such level of

illumination shall be maintained from one hour before sunset to one hour after sunrise, including #public plazas# that are

authorized to close at night. A lighting schedule, including fixtures, wattage and their locations and designs together with a

diagram of light level distribution, with light levels indicated at intervals of no more than every 20 square feet, shall be part of

the required detailed design plans. Electrical power shall be supplied by one or more outlets furnishing a total of at least 1,200

watts of power for every 4,000 square feet, or fraction thereof, of the area of a #public plaza#.

All lighting sources that illuminate the #public plaza# and are mounted on or located within #buildings# adjacent to the #public

plaza# shall be shielded from direct view. In addition, all lighting within the #public plaza# area shall be shielded to minimize any

adverse effect on surrounding #residences#.

37-744 - Litter receptacles

LAST AMENDED

10/17/2007

One litter receptacle shall be provided for every 1,500 square feet of #public plaza# area, up to a maximum of 6,000 square feet.

Plazas greater than 6,000 square feet in area must provide an additional litter receptacle for every additional 2,000 square feet of

#public plaza# area. #Public plazas# that contain open air cafes or kiosks providing food service shall provide one additional litter

receptacle for each 1,500 square feet of #public plaza# area occupied by such outdoor eating area. All litter receptacles must have

a volume capacity of at least 25 gallons and shall be located in visible and convenient locations. All top or side openings must

have a minimum dimension of 12 inches. Litter receptacles shall be provided within 50 feet of required seating areas in the

#public plaza#.

37-745 - Bicycle parking

LAST AMENDED

10/17/2007

All #public plazas# shall provide parking for at least two bicycles. #Public plazas# greater than 10,000 square feet in size must

provide parking for at least four bicycles. Bike racks must be provided on the sidewalk directly adjacent to the #public plaza# in

accordance with Department of Transportation standards, unless the Department of Transportation has determined that the

sidewalk area adjacent to the #public plaza# cannot accommodate the required bicycle parking.

37-746 - Drinking fountains

LAST AMENDED

10/17/2007

A minimum of one drinking fountain shall be provided in all #public plazas#.

37-747 - Public space signage

LAST AMENDED

10/17/2007

Entry and information plaques shall be provided, as described in Section 37-751 (Public space signage systems).

37-748 - Additional amenities

LAST AMENDED

10/17/2007

#Public plazas# between 5,000 and 10,000 square feet in area must provide one of the following additional amenities and

#public plazas# greater than 10,000 square feet in area must provide at least three of the following additional amenities. All

additional amenities shall be considered permitted obstructions within the #public plaza#.

(a) Artwork

Artwork that is provided as an additional amenity must integrate with the design of the #public plaza#. Artwork shall

not interfere with public access, circulation or visual openness within the #public plaza# or between the #public plaza#

and adjoining public areas. Artwork may not incorporate addresses, text or logos related to the adjacent #building# or

tenants of such #building#;

(b) Moveable tables and chairs, as described in paragraph (4) of Section 37-741;

(c) Water features (such as fountains, reflecting pools, waterfalls);

(d) Children’s play area;

(e) Equipment provided as part of children’s play areas must be designed and constructed in accordance with applicable

United States Consumer Products Safety Commission standards and best practices, including installation of protective

surfaces and barriers. All barriers surrounding play areas shall be designed to allow for the adequate supervision of

children at play and shall in all cases be substantially transparent and no more than 3 feet, 6 inches in height;

(f) Game tables and associated seating; or

(g) Food service, including:

(1) food service in a retail space directly accessible from the major portion of the #public plaza#; or

(2) an open air cafe or kiosk, as described in Section 37-73.

#Public plazas# greater than 10,000 square feet in area and associated with a #commercial building# must include a food service

as one of the three additional required amenities.

37-75 - Signs

LAST AMENDED

10/17/2007

37-751 - Public space signage systems

LAST AMENDED

12/19/2019

The following public space signage systems shall be required for all #public plazas#:

(a) Entry plaque

The entry plaque shall be located at each #street# frontage or point of pedestrian entry to the #public plaza#. On each

#street# frontage occupied by the #public plaza#, a minimum of one entry plaque shall be provided for every 40 feet of

linear #street# frontage occupied by the #public plaza#. The entry plaque shall contain:

(1) a public space symbol and required text that matches the dimensions and graphic standards provided in the

Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City

Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be

provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and

review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the

Rules of the City of New York;

(2) lettering at least one inch in height stating the words “Open 24 hours” or, if a nighttime closing has been

authorized, pursuant to Section 37-727, shall contain the words “Open” followed by the approved hours of

operation; and

(3) an International Symbol of Access for persons with disabilities that is at least three inches square.

The entry plaque shall be mounted on a wall or a permanent free-standing post within five feet of the sidewalk with its

center five feet above the elevation of the nearest walkable pavement. The maximum height of such free-standing post

shall be six feet, with a maximum width and depth of 16 inches. It shall be in a position that clearly identifies the entry

into the #public plaza#, and placed so that the entire entry plaque is obvious and directly visible, without any

obstruction, along every line of sight from all paths of pedestrian access to the #public plaza#.

(b) Information plaque

An information plaque constructed from the same permanent materials as the entry plaque or combined with one or

more of the required entry plaques shall be provided. Information plaques shall be mounted on a wall or a permanent

free-standing post within five feet of the sidewalk and shall have all required lettering located three feet above the

elevation of the nearest walkable pavement. The maximum height of such free-standing post shall be six feet, with a

maximum width and depth of 16 inches. The information plaque shall consist of:






Rules of the City of New York; and

(2) the words, in lettering one-half inch in height, “Open 24 hours” or, if a nighttime closing has been authorized

pursuant to Section 37-727, the words, in lettering one-half inch in height, “Open” followed by the approved

hours of operation;

(3) in lettering three-eighths of an inch in height, the words “This public plaza contains:” followed by the total linear

feet of seating, the type and quantity of trees, the number of bike racks, the number of drinking fountains and

the number of any additional required amenities, such as moveable seating;

(4) in lettering three-eighths of an inch in height, the name of the current owner of the #building# and the name,

address, phone number and email address of the person designated to maintain the #public plaza#;

(5) in lettering three-eighths of an inch in height, the statement, "Complaints or Questions: Call 311 and reference

the #public plaza# at [insert building address]”; and

(6) the statement, "This public plaza is accessible to persons with disabilities."

(c) Hours of access plaque

On each #street# frontage occupied by the #public plaza# and where the City Planning Commission has authorized a

limitation on the hours of access for a #public plaza#, pursuant to the provisions of Section 37-727, a minimum of one

hours of access plaque shall be provided for every 40 linear feet of approved barrier that limits public access. The hours

of access plaque shall be located on the barrier that limits public access to the #public plaza# and shall consist of:






Rules of the City of New York; and

(2) the statement: “Open” followed by the approved hours of operation.

All required public space signage shall be fully opaque, non-reflective and constructed of permanent, highly durable materials

such as steel or stone.

All lettering provided on required public space signage shall be in a clear, bold, sans-serif, non-narrow font such as Arial,

Helvetica or Verdana, solid in color with a minimum height of three-quarters of an inch, unless otherwise specified above, and

shall highly contrast with the background color of the #sign#.

37-752 - Prohibition signs

LAST AMENDED

10/17/2007

To ensure a safe and comfortable environment for all #public plaza# users, a maximum of one prohibition or “Rule of Conduct”

#sign# may be located within the #public plaza#. Such #sign# shall not exceed one foot square in dimension, may not be

freestanding, and shall contain no lettering greater than three-quarters of an inch in height.

Such #sign# shall not prohibit behaviors that are consistent with the normal public use of the #public plaza# such as lingering,

eating, drinking of non-alcoholic beverages or gathering in small groups. No behaviors, actions, or items may be listed on such

#sign# that are otherwise illegal or prohibited by municipal, State or Federal laws.

37-753 - Accessory signs

LAST AMENDED

6/10/2009

A #public plaza# shall be treated as a #street# for the purposes of the applicable #sign# regulations. #Signs#, except for the

plaque required by Section 37-751, are permitted only as #accessory# to #uses# permitted within the #public plaza# and #uses#

adjoining the #public plaza#, and are otherwise regulated by the applicable district regulations set forth in Section 32-60 (SIGN

REGULATIONS), except as provided below:

(a) each establishment fronting on the #public plaza# shall be permitted to have not more than one #sign# affixed to the

#building# wall fronting on the #public plaza#.

(b) all #signs# shall be non-#illuminated#;

(c) all #signs# shall contain only the #building# or establishment name and address;

(d) all #signs accessory# to retail #uses# affixed to #building# walls may not exceed four square feet in size;

(e) not more than three #accessory signs# may be located within the #public plaza#, of which one may be freestanding. All

such #signs#, including structures to which they are affixed, shall not be higher than three feet above the level of the

adjoining public access area. Such #signs# shall not exceed an area of two square feet. In addition, no portion of such

#sign#, including structures to which they are affixed, shall exceed a width of 16 inches facing a #street#, and 24 inches

when not facing a #street#. For #corner public plazas#, such limitations shall apply to only one #street# frontage. If such

#sign# is associated with a #building# used for office #use#, such #sign# shall contain only the names of principal

building tenants and shall also contain the public space symbol as described in Section 37-751 and the words “Open to

Public” in lettering at least two inches in height; and

(f) all #signs# located on permitted canopies or awnings within the #public plaza# shall contain only the #building# or

establishment name and shall not exceed a height of one foot.

37-76 - Mandatory Allocation of Frontages for Permitted Uses

LAST AMENDED

6/10/2009

(a) Ground floor level uses

At least 50 percent of the total frontage of all new #building# walls fronting on a #public plaza#, or fronting on an

#arcade# adjoining a #public plaza#, exclusive of such frontage occupied by #building# lobbies and frontage used for

subway access, shall be allocated for occupancy at the ground floor level by retail or service establishments permitted by

the applicable district regulations but not including #uses# in Use Groups 6B, 6E, 7C, 8C, 9B, 10B, 11 and 12D, or

banks, automobile showrooms or plumbing, heating or ventilating equipment showrooms. In addition, libraries,

museums and art galleries shall be permitted. All such #uses# shall:

(1) be directly accessible from the major portion of the #public plaza#, an adjoining #arcade#, or a #street# frontage

shared by the establishment and the #public plaza#;

(2) have a minimum depth of 15 feet, measured perpendicular to the wall adjoining the #public plaza#; and

(3) occupy such frontage for the life of the increased #floor area# of the bonused #development#.

The remaining frontage may be occupied by other #uses#, lobby entrances or vertical circulation elements, in accordance

with the district regulations.

As an alternative, where retail or service establishments located in an existing #building# front upon a #public plaza# or

an #arcade# adjoining a #public plaza#, at least 50 percent of the total frontage of all #building# walls fronting on the

#public plaza#, or fronting on an #arcade# adjoining a #public plaza#, exclusive of such frontage occupied by #building#

lobbies and frontage used for subway access, shall be allocated for occupancy at the ground floor level by retail or service

establishments permitted by the applicable district regulations but not including #uses# in Use Groups 6B, 6E, 7C, 8C,

9B, 10B, 11 and 12D, or banks, automobile showrooms or plumbing, heating or ventilating equipment showrooms. In

addition, libraries, museums and art galleries shall be permitted. All such #uses# shall comply with the provisions of

paragraphs (a)(1), (a)(2) and (a)(3) of this Section.

(b) Public entrances

A public entrance to the principal use of the #building# associated with the #public plaza# shall be located within 10

feet of the major portion of the #public plaza#. Frontage on the #public plaza# that is occupied by a #building# entrance

or lobby shall not exceed 60 feet or 40 percent of the total aggregate frontage of the new #building# walls on the major

and minor portions of the #public plaza#, whichever is less, but in no case shall #building# entrances or lobbies occupy

less than 20 feet of frontage on the #public plaza#.

(c) Transparency

All new #building# walls fronting on the major and minor portions of the #public plaza# shall be treated with clear,

untinted transparent material for 50 percent of the surface area below 14 feet above the #public plaza# level, or the

ceiling level of the ground floor of the #building#, whichever is lower. Any non-transparent area of a new or existing

#building# wall fronting on the major or minor portion of a #public plaza# shall be treated with a decorative element or

material or shall be screened with planting to a minimum height of 15 feet above the #public plaza#.

37-77 - Maintenance

LAST AMENDED

6/10/2009

The #building# owner shall be responsible for the maintenance of the #public plaza# including, but not limited to, the location

of permitted obstructions pursuant to Section 37-726, litter control, management of pigeons and rodents, maintenance of

required lighting levels, and the care and replacement of furnishings and vegetation within the #zoning lot#.

37-78 - Compliance

LAST AMENDED

2/2/2011

(a) Building permits

No foundation permit shall be issued by the Department of Buildings for any #development# or #enlargement# that

includes a #public plaza#, nor shall any permit be issued by the Department of Buildings for any change to a #plaza#,

#residential plaza# or #urban plaza# without certification by the Chairperson of the City Planning Commission of

compliance with the provisions of Sections 37-625 or 37-70, as applicable.

An application for such certification shall be filed with the Chairperson showing the plan of the #zoning lot#; a site plan

indicating the area and dimensions of the proposed #public plaza# and the location of the proposed #development# or

#enlargement# and all existing #buildings# temporarily or permanently occupying the #zoning lot#; computations of

proposed #floor area#, including bonus #floor area#; and a detailed plan or plans prepared by a registered landscape

architect, including but not limited to a furnishing plan, a planting plan, a signage plan, a lighting/photometric plan and

sections and elevations, as necessary to demonstrate compliance with the provisions of Sections 37-625 or 37-70, as

applicable.

All plans for #public plazas# or other #publicly accessible open areas# that are the subject of a certification pursuant to

Section 37-625 shall be filed and duly recorded in the Borough Office of the City Register of the City of New York,

indexed against the property in the form of a legal instrument, in a form satisfactory to the Chairperson, providing

notice of the certification of the #public plaza#, pursuant to this Section. Such filing and recording of such instrument

shall be a precondition to certification. The recording information shall be included on the certificate of occupancy for

any #building#, or portion thereof, on the #zoning lot# issued after the recording date. No temporary or final certificate

of occupancy shall be issued for any bonus #floor area# generated by a #public plaza# unless and until the #public plaza#

has been substantially completed in accordance with the approved plans, as verified by the Department of City Planning

and certified to the Department of Buildings.

Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other

Construction Issued Before Effective Date of Amendment), any #residential plaza# or #urban plaza# for which a

certification was granted pursuant to Article II, Chapter 3, or Article III, Chapter 7, between June 4, 2005 and June 4,

2007, and any #public plaza# for which a certification was granted prior to June 10, 2009, may be provided in

accordance with the regulations in effect on the date of such certification.

(b) Periodic compliance reporting

No later than June 30 of the year, beginning in the third calendar year following the calendar year in which certification

was made and at three-year intervals thereafter, the Director of the Department of City Planning and the affected

Community Board shall be provided with a report regarding compliance of the #publicly accessible open area# with the

regulations of Sections 37-625 or 37-70, as applicable, as of a date of inspection which shall be no earlier than May 15 of

the year in which the report is filed. Such report shall be provided by a registered architect, landscape architect or

professional engineer, in a format acceptable to the Director and shall include, without limitation:

(1) a copy of the original #public plaza# or design change certification letter and, if applicable, any approval letter

pertaining to any other authorization or certification pursuant to this Chapter;

(2) a statement that the #publicly accessible open area# has been inspected by such registered architect, landscape

architect or professional engineer and that such open area is in full compliance with the regulations under which

it was approved as well as the approved plans pertaining to such open area and, if applicable, the requirements

of any other authorization or certification pursuant to this Chapter, or non-compliance with such regulations

and plans;

(3) an inventory list of amenities required under the regulations under which the #publicly accessible open area# was

approved and the approved plans pertaining to such open area and, if applicable, the requirements of any other

authorization or certification pursuant to Section 37-70, together with an identification of any amenity on such

inventory list for which inspection did not show compliance, including whether such amenities are in working

order, and a description of the non-compliance;

(4) photographs documenting the condition of the #publicly accessible open area# at the time of inspection,

sufficient to indicate the presence or absence, either full or partial, of the amenities on the inventory list of

amenities.

The report submitted to the Director of the Department of City Planning shall be accompanied by documentation

demonstrating that such report has also been provided to the affected Community Board.

Compliance reporting pursuant to this paragraph, (b), shall be a condition of all certifications granted pursuant to

Section 37-70.

(c) Compliance reports at time of application

Any application for a certification or authorization involving an existing #publicly accessible open area# shall include a

compliance report in the format required under paragraph (b) of this Section, based upon an inspection of the #publicly

accessible open area# by a registered architect, landscape architect or professional engineer conducted no more than 45

days prior to the filing of such application.

The following conditions may constitute grounds to disapprove the application for certification or authorization:

(1) such report shows non-compliance with the regulations under which the #publicly accessible open area# was

approved, conditions or restrictions of a previously granted certification or authorization, or with the approved

plans pertaining to such #publicly accessible open area#; or

(2) the #publicly accessible open area# has been the subject of one or more enforcement proceedings for which there

have been final adjudications of a violation with respect to any of the foregoing.

In the case of a certification, the Chairperson, or in the case of an authorization, the Commission, may, in lieu of

disapproval, accept a compliance plan for the #publicly accessible open area#, which plan shall set forth the means by

which future compliance will be ensured.

(d) Failure to comply

Failure to comply with a condition or restriction in an authorization or certification granted pursuant to Section 37-70

or with approved plans related thereto, or failure to submit a required compliance report, shall constitute a violation of

this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or

for a revocation or such authorization or certification, and for all other applicable remedies.

(e) Special regulations for an #urban plaza# in the #Special Lower Manhattan District#

In addition, the Chairperson of the City Planning Commission may certify any #urban plaza# that is the subject of

application N070416ZCM, filed in conjunction with application C070415ZSM, and such #urban plaza# may be

provided in accordance with the regulations of Section 37–04, inclusive, in effect on April 23, 2007, as modified by the

special regulations for such #urban plaza# as set forth in Article IX, Chapter 1 (Special Lower Manhattan District) and

in the following provisions:

(1) #Floor area# bonus for an #urban plaza# in the #Special Lower Manhattan District#

A #floor area# bonus for such #urban plaza#, pursuant to Section 91-22, may be permitted for a #development#

or #enlargement# located within 50 feet of the #street line# of a #street# subject to the regulations for #street

wall# continuity Type 2B.

(2) #Street wall# regulations for an #urban plaza# in the #Special Lower Manhattan District#

The #street wall# regulations for #street wall# continuity “Type 2” in the #Special Lower Manhattan District#

shall be superseded by #street wall# continuity Types 2A and 2B as indicated on Map 2 in Appendix A of Article

IX, Chapter 1.

37-80 - ARCADES

LAST AMENDED

12/19/2019

The provisions of this Section shall apply to all #developments# an #enlargements# containing an #arcade# that qualifies for a

#floor area# bonus pursuant to Sections 24-15, 33-14 or 43-14.

(a) General provisions

An #arcade# shall be #developed# as a continuous covered space extending along a #street line#, or #publicly accessible open

area#. An #arcade# shall be open for its entire length to the #street line# or #publicly accessible open area#, except for

#building# columns and tables and chairs provided pursuant to Section 37-81 (Moveable tables and Chairs). Such

#arcade# shall be unobstructed to a height of not less than 12 feet, and either:

(1) have a depth not less than 10 feet nor more than 30 feet measured perpendicular to the #street line# or boundary

of the #publicly accessible open area# on which it fronts, and extend for at least 50 feet, or the full length of the

#street line# or boundary of the #publicly accessible open area# on which it fronts, whichever is the lesser

distance; or

(2) on a #corner lot#, is bounded on two sides by the two intersecting #street lines#, and has an area of not less than

500 square feet and a minimum dimension of 10 feet.

(b) Permitted elevation

Such an #arcade# shall not at any point be above the level of the #street#, or #publicly accessible open area# that it adjoins,

whichever is higher. Any portion of an #arcade# occupied by #building# columns shall be considered to be part of the

area of the #arcade# for the purposes of computing a #floor area# bonus.

(c) Permitted parking, drop offs or loading berths

No off-street parking spaces, passenger drop offs, driveways or off-street loading berths are permitted anywhere within an

#arcade# or within 10 feet of any bonusable portion thereof. By certification, the Commission may permit such activity

in the immediate vicinity of an #arcade# provided such activity will not adversely affect the functioning of the #arcade#.

In no event shall such vehicular areas be eligible for an #arcade# bonus.

(d) Hours of operation

#Arcades# shall be accessible to the public at all times.

(e) Signage

An information plaque shall be provided that contains a public space symbol and required text that matches the dimensions and

graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page

on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public”

and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements

and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the

Rules of the City of New York.

37-81 - Moveable Tables and Chairs

LAST AMENDED

12/19/2019

Publicly accessible tables and chairs shall be considered permitted obstructions within an #arcade#, provided that such

obstructions comply with the provisions of this Section.

The following provisions shall apply to all tables and chairs permitted by this Section.

(a) General requirements

Tables and chairs provided pursuant to this Section may be used by the public without restriction. All furnishings shall be

moveable and made of high quality and durable materials. Tables and chairs shall not be chained, fixed, or otherwise

secured between the hours of 7:00 a.m. and 9:00 p.m., and may be stored or secured between the hours of 9:00 p.m. and

7:00 a.m.

(b) Circulation requirements for tables and chairs

No furnishings, including storage of furnishings, shall be permitted within five feet of any #building# entrance, nor shall they be

permitted within any required circulation paths. For #arcades# with a depth of 10 feet or less, an unobstructed path of

not less than three feet wide shall be provided, and for those with a depth greater than 10 feet, the width of such

unobstructed path shall be increased to at least six feet. For the purpose of such calculation, the depth of an #arcade#

shall be measured from the column face furthest from the #street line# or #publicly accessible open area# to the

#building# wall fronting on such #street line# or #publicly accessible open area#.

37-90 - PARKING LOTS

LAST AMENDED

11/28/2007


LAST AMENDED

2/2/2011

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the provisions of Section 37-90 (PARKING LOTS), inclusive, shall apply to open parking areas that

contain 18 or more spaces or are greater than 6,000 square feet in area, as follows:

(a) #developments# with #accessory# open parking areas in which 70 percent or more of the #floor area# on the #zoning lot#

is occupied by a #commercial# or #community facility use#;

(b) #enlargements# of a #building# with #accessory# open parking areas or the #enlargement# of an open parking area, that

result in an increase in:

(1) a total number of parking spaces #accessory# to #commercial# or #community facility uses# on the #zoning lot#

that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or

(2) a total amount of #floor area# on the #zoning lot# that is at least 20 percent greater than the amount of #floor

area# existing on November 28, 2007, and where at least 70 percent of the #floor area# on the #zoning lot# is

occupied by #commercial# or #community facility uses#; and

(c) existing #buildings# with new #accessory# open parking areas in which 70 percent or more of the #floor area# on the

#zoning lot# is occupied by a #commercial# or #community facility use#.

All #public parking lots# shall comply with the provisions of Section 37-921 (Perimeter landscaping).

The provisions of Section 37-90, inclusive, shall not apply to surface parking located on the roof of a #building#, indoor parking

garages, #public parking garages#, structured parking facilities, or #developments# in which at least 70 percent of the #floor

area# or #lot area# on a #zoning lot# is used for automotive #uses# listed in Use Groups 9 or 16.

For the purposes of Section 37-90, inclusive, an “open parking area” shall mean that portion of a #zoning lot# used for the

parking or maneuvering of vehicles, including service vehicles, which is not covered by a #building#. Open parking areas shall

also include all landscaped areas required pursuant to this Section within and adjacent to the open parking area.

Notwithstanding the provisions of this Section, where parking requirements are waived pursuant to Sections 25-33, 36-23 or 44-

23, as applicable, on #zoning lots# subdivided after November 28, 2007, and parking spaces #accessory# to #commercial# or

#community facility uses# or curb cuts accessing #commercial# or #community facility uses# are shown on the site plan required

pursuant to Section 36-58, the provisions of Section 37-921 (Perimeter landscaping) shall apply.

A detailed plan or plans prepared by a registered landscape architect demonstrating compliance with the provisions of Section

37-90, inclusive, shall be submitted to the Department of Buildings. Such plans shall include grading plans, drainage plans and

planting plans, and sections and elevations as necessary to demonstrate compliance with the provisions of this Section.

Any application for a special permit certified by the Department of City Planning or application for an authorization referred by

the Department of City Planning for public review prior to November 28, 2007, may be continued pursuant to the regulations

in effect at the time of certification or referral and, if granted by the City Planning Commission and, where applicable, the City

Council, may be #developed# or #enlarged# pursuant to the terms of such permit or authorization, including minor

modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the

regulations in effect at the time such application was certified or referred for public review.

37-92 - Landscaping

LAST AMENDED

11/28/2007

37-921 - Perimeter landscaping

LAST AMENDED

2/2/2011

All open parking areas with 18 spaces or more or 6,000 square feet or more in area that front upon a #street# shall be screened at

the #street line# by a perimeter landscaped area at least seven feet in width measured perpendicular to the #street line#. Such

perimeter landscaped area may be interrupted only by vehicular entrances and exits. Walkways may also traverse the perimeter

landscaped area in order to provide a direct connection between the public sidewalk and a walkway within or adjacent to the

open parking area. In the event a perimeter landscaped area is greater than seven feet in width, the first seven feet adjacent to the

open parking area must comply with paragraphs (a) and (b) of this Section. The remainder of the landscaped perimeter area may

comply with paragraphs (a) and (b) or be comprised of any combination of grass, groundcover, shrubs, trees or other living plant

material.

The perimeter landscaped area shall comply with the following requirements:

(a) Grading, drainage and soil

The open parking area shall be graded to allow stormwater runoff to drain into all required perimeter landscaped areas

and planting islands required pursuant to Section 37-922 (Interior landscaping). The perimeter landscaped area shall be

comprised of soil with a depth of at least two feet, six inches, measured from the adjoining open parking area. Beneath

such soil, filter fabric and one foot of gravel shall be provided. Proper drainage rates shall be attained through

underdrains that are connected to detention storage that meets the drainage and flow requirements of the Department

of Environmental Protection or through infiltration through the surrounding soil volume. If underdrains are not

provided, soil boring tests shall be conducted by a licensed engineer to ensure that ponded surface water is drained in at

least 24 hours. The perimeter landscaped area shall have an inverted slope to allow a minimum of six inches and a

maximum of one foot of stormwater ponding, and surface ponding must drain in at least 24 hours. To allow for

adequate drainage, elevated catchbasins shall be placed in the planting island above the ponding level. A raised curb shall

edge the perimeter landscaped area, shall be at least six inches in height and shall contain inlets at appropriate intervals to

allow stormwater infiltration from the open parking area.

However, where the Commissioner of Buildings determines that due to the natural sloping topography of the site the

drainage provisions of this paragraph, (a), would be infeasible for a perimeter landscaped area, such drainage provisions

may be waived. In lieu thereof, such perimeter landscaped area shall be comprised of soil with a depth of at least three

feet measured from the adjoining open parking area. A raised curb shall edge the perimeter landscaped area and be at

least six inches in height. The planting requirements of paragraph (b) of this Section shall apply to such perimeter

landscaped areas, except that plantings need not be selected from the lists in Section 37-963.

(b) Plantings

(1) Parking lot frontage

The first two feet of the planting island fronting the open parking area shall be comprised of mulch and densely

planted with groundcover above jute mesh to stabilize the inverted slope. This area may be used as an

automobile bumper overhang area and may be included in calculating the required depth of an #abutting#

parking space. All required groundcover shall be selected from the list in Section 37-963.

(2) Sidewalk frontage

The remainder of the perimeter landscaped area shall be densely planted with shrubs at a distance of 24 inches

on center and maintained at a maximum height of three feet above the surface of the adjoining public sidewalk.

All required shrubs shall be selected from the list in Section 37-963.

(3) Trees

One two-inch caliper tree shall be provided for every 25 feet of open parking area #street# frontage. Fractions

equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such

perimeter trees shall be staggered wherever possible with #street# trees, but in no event shall perimeter trees be

planted closer than 15 feet on center or within three feet to a perimeter screening area curb. Furthermore, a

radius distance of at least 20 feet shall be maintained between trunks of perimeter trees and #street# trees. If such

distances cannot be maintained, the perimeter tree shall be waived in that location. However, if a #street# tree

cannot be planted in the public sidewalk adjacent to the perimeter screening area because the Department of

Parks and Recreation has determined that it is infeasible to plant a tree in such location, such tree shall be

planted instead within the perimeter screening area adjacent to such portion of the public sidewalk and credited

towards the amount of perimeter trees required pursuant to this paragraph. However, any perimeter tree within

15 feet of an elevated rail line or elevated highway shall be waived. All required perimeter trees shall be selected

from the list in Section 37-961.

(c) Obstructions

Utilities and #signs# permitted in Sections 32-62, 32-63 or 42-52 may be located in the perimeter screening area.

Ornamental fencing, excluding chain link fencing, with a surface area at least 50 percent open is permitted in the

perimeter screening area, provided such fencing does not exceed four feet in height and is located at least five feet from

the #street line#.

37-922 - Interior landscaping

LAST AMENDED

2/2/2011

All open parking areas of 36 or more parking spaces or at least 12,000 square feet in area shall provide at least one tree for every

eight parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree.

Such trees shall be in addition to the trees required in the perimeter screening area. Each such tree shall have a minimum caliper

of three inches and be located in a planting island with a minimum area of 150 square feet of pervious surface.

(a) Distribution

The following distribution rules shall apply:

(1) Each end space in a row of five or more parking spaces shall fully abut a planting island or a perimeter landscaped

area along the long dimension of such end space;

(2) No more than 15 parking spaces shall be permitted between planting islands, or a planting island and a perimeter

landscaped area; and

(3) For open parking areas at least 150,000 square feet in area, in addition to the requirements set forth in paragraphs

(a)(1) and (a)(2) of this Section, every other row of parking spaces in which each space does not fully abut a

perimeter landscaped area shall abut a planting island. Such planting island shall have a minimum width of eight

feet and extend along the entire length of such row of parking spaces. Such planting islands may be traversed by

walkways no more than three feet wide and spaced at least 50 feet apart.

(37-922a3)

(4) Planting islands required pursuant to paragraphs (a)(1) and (a)(3) may be discontinued where a pedestrian access

lane is provided that serves no more than five parking spaces required by the Americans with Disabilities Act.

(37-922a4)

(5) Compliance with paragraphs (a)(1) and (a)(2) may be waived where the Commissioner of Buildings determines

that tree planting in such locations would conflict with loading operations. Such trees shall be planted elsewhere

in the open parking area.

(b) Grading, drainage and soil

The open parking area shall be graded to allow stormwater runoff to drain into all planting islands required pursuant to

this Section and perimeter landscaped areas required pursuant to Section 37-921. Planting islands shall have an inverted

slope to allow a minimum six inches and a maximum of one foot of stormwater ponding, and surface ponding must

drain in at least 24 hours. To allow for adequate drainage, elevated catchbasins shall be placed in the planting island

above the ponding level. Planting islands shall be comprised of soil with a depth of at least two feet, six inches, measured

from the surface of the adjoining open parking area. Beneath such soil, filter fabric and one foot of gravel shall be

provided. Proper drainage rates shall be attained through underdrains that are connected to detention storage that meets

the drainage and flow requirements of the Department of Environmental Protection or through infiltration through the

surrounding soil volume. If underdrains are not provided, soil boring tests shall be conducted by a licensed engineer to

ensure that ponded surface water is drained in at least 24 hours. A raised curb shall edge the planting island, shall be at

least six inches in height and shall contain inlets at appropriate intervals to allow stormwater infiltration from the open

parking area.

However, where the Commissioner of Buildings determines that due to the natural sloping topography of the site the

drainage provisions of this paragraph, (b), would be infeasible for an interior planting island, such drainage provisions

may be waived. In lieu thereof, such planting island shall be comprised of soil with a depth of at least three feet measured

from the adjoining open parking area. A raised curb shall edge the perimeter landscaped area and be at least six inches in

height. The planting requirements of paragraph (c) of this Section shall apply to such planting islands, except that

plantings need not be selected from the lists in Section 37-963.

(c) Plantings

The first two feet of the planting island fronting the open parking area shall be comprised of mulch and densely planted

with groundcover above jute mesh to stabilize the inverted slope. This area may be used as an automobile bumper

overhang area and may be included in calculating the required depth of an #abutting# parking space. The remaining area

of the planting island shall be densely planted with shrubs, maintained at a maximum height of three feet, at a distance

of 24 inches on center. Planting islands which are bisected by pedestrian access lanes serving Americans with Disabilities

Act parking spaces (as shown in paragraph (a)(4) of this Section) shall provide groundcover in lieu of shrubs. Each

required tree shall be centered in a planted area measuring at least eight feet by eight feet. Multiple trees are allowed in a

single planting island provided they are spaced no closer than 25 feet on center and there is at least 150 square feet of

pervious area for each tree. Any area with a dimension of less than two feet shall not contribute to such 150 square foot

minimum area. Required trees shall be located first in planting islands at the ends of parking rows required pursuant to

paragraph (a)(1) of this Section, and then in planting islands that break up parking rows with more than 15 spaces

required pursuant to paragraph (a)(2) of this Section. Any remaining required trees may be located in the continuous

planting island required pursuant to paragraph (a)(3) of this Section or located in other planting islands within the open

parking area. All required trees, shrubs and groundcovers shall be selected from the lists in Sections 37-962 and 37-963.

37-93 - Maintenance

LAST AMENDED

11/28/2007

All on-site landscaping shall be maintained in good conditions at all times. Landscaped areas must be kept free of litter, and

drainage components maintained in working order. In the event of the loss of any on-site landscaping, the owner of the #zoning

lot# shall replace such landscaping by the next appropriate planting season. All landscaped areas must contain a built-in

irrigation system or supply hose bibs within 100 feet of all planting islands.

37-94 - Refuse Storage

LAST AMENDED

11/28/2007

All site plans must show an area designated for refuse storage. Any container used for refuse storage must be enclosed and

screened either within a #building# or an #accessory structure#. If refuse storage is located in a container or #accessory

structure#, it must be located at least 50 feet from any #street line# and screened on all sides by a six foot high masonry wall, with

one side consisting of an opaque, lockable gate.

37-95 - Modifications of Design Standards

LAST AMENDED

4/22/2009

37-951 - Modification of landscaping requirements

LAST AMENDED

4/22/2009

The requirements of Section 37-90 (PARKING LOTS), inclusive, may be waived in whole or in part if the Commissioner of

Buildings certifies that such requirements are unfeasible due to unique geological conditions such as excessive subsurface rock

conditions, underground municipal infrastructure, a high water table, or a City, State or Federal mandated brownfield

remediation that requires the site to be capped. Where a high water table exists, the planting requirements of Section 37-90,

inclusive, shall be complied with, except such planted areas need not be designed to absorb storm water runoff.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

37-952 - Modification of design requirements by authorization

LAST AMENDED

4/22/2009

For #enlargements#, the City Planning Commission may authorize modifications or waivers of the maneuverability and curb

cut standards of Section 36-58, and the landscaping requirements of Section 37-90 (PARKING LOTS), inclusive, for portions

of the #zoning lot# occupied by existing open parking areas, provided the Commission finds that:

(a) maneuverability and curb cut regulations have been complied with to the maximum extent practicable;

(b) the amount of perimeter landscaped areas have been provided to the maximum extent practicable;

(c) the amount of interior planting islands and their distribution throughout the existing open parking area have been

provided to the maximum extent practicable; and

(d) perimeter landscaped areas and interior planting islands have been engineered to absorb storm water runoff to the

maximum extent practicable.

The Commission may request reports from licensed engineers and landscaped architects in considering such modifications.

37-96 - Landscaping Selection Lists

LAST AMENDED

4/22/2009

37-961 - Selection list for perimeter trees

LAST AMENDED

4/22/2009

BOTANICAL NAME COMMON NAME

Acer campestre Hedge Maple*

Acer ginnala Amur Maple*

Acer negundo Boxelder*

Acer truncatum Shantung Maple*

Amelanchier arborea Downy Serviceberry

Amelanchier canadensis Shadblow Serviceberry

Amelanchier laevis Allegheny Serviceberry

Betula lenta Sweet Birch*

Betula nigra “Heritage” Heritage River Birch*

Carpinus caroliniana American Hornbeam

Cedrus atlantica Atlas Cedar

Cedrus deodara Deodar Cedar

Crataegus laevigata English Hawthorn

Crataegus viridis Green Hawthorn

Cornus mas Cornelian Cherry*

Cornus racemosa Gray Dogwood*

Cercis canadensis Redbud

Hamamelis vernalis Vernal Witchhazel

Hamamelis virginiana American Witchhazel

Koelreuteria paniculata Goldenraintree

Larix laricina Tamarack

Magnolia stella Star Magnolia

Magnolia virginiana Sweetbay Magnolia

Maackia amurensis Amur Maackia

Pinus virginiana Virginia Pine

Prunus cerasifera Purpleleaf Plum

Prunus 'Okame' Okame Cherry

Prunus padus European Birdcherry

Prunus sargentii Sargent Cherry

Prunus serrulata “Kwanzan” Japanese Flowering Cherry

Prunus virginiana “Schubert” Schubert Cherry

Prunus x yedoensis Yoshino Cherry

Rhus copallina Shinning Sumac

Salix discolor True Pussy Willow

Sambucus nigra Black Elderberry

Syringa reticulata Japanese Tree Lilac

* Asian Longhorn Beetle quarantine species - planting not recommended in parts of Brooklyn, Manhattan, Queens and

Staten Island

37-962 - Selection list for interior trees

LAST AMENDED

4/22/2009


Acer rubrum Red Maple1

Acer saccharinum Silver Maple1

Acer x freemanii Freeman Maple1

Catalpa speciosa Northern Catalpa

Celtis occidentalis Hackberry

Celtis laevigata Sugar Hackberry

Eucommia ulmoides Hardy Rubber Tree

Fraxinus americana American Ash1

Fraxinus excelsior European Ash1

Fraxinus pennsylvanica Green Ash1

Gleditsia triacanthos inermis Honeylocust

Ginkgo biloba Ginkgo

Gymnocladus dioicus Kentucky Coffeetree

Juglans nigra Black Walnut

Larix decidua European Larch

Larix laricina American Larch

Liquidambar styraciflua Sweetgum

Liriodendron tulipifera Tulip Tree

Metasequoia glyptostroboides Dawn Redwood

Nyssa sylvatica Tupelo

Platanus occidentalis American Sycamore

Platanus x acerifolia London Planetree

Pyrus calleryana Callery Pear3

Quercus bicolor Swamp White Oak

Quercus imbricaria Shingle Oak

Quercus palustris Pin Oak

Quercus phellos Willow Oak

Quercus rubra Northern Red Oak

Taxodium distichum Baldcypress

Ulmus americana American Elm1,2

Ulmus carpinifolla Smooth-leaf Elm1,2

Ulmus parvifolla Lace Bark Elm1,2

Styphnolobium japonicum Scholar Tree

Tilia americana Basswood/American Linden

Zelkova serrata Japanese Zelkova

1 Asian Longhorn Beetle quarantine species - planting not recommended in parts of Brooklyn, Manhattan, Queens and

Staten Island

2 Only cultivars of elms that have been bred for resistance to Dutch Elm Disease

3 Excluding “Bradford” cultivar

37-963 - Selection list for ground covers and shrubs

LAST AMENDED

4/22/2009

GROUND COVERS


Asclepias tuberosum Butterfly Weed

Calamagrostis stricta Slimstem Reedgrass

Comptonia peregrina Sweetfern

Cortaderia selloana “Pumilla” Dwarf Pampas Grass

Euonymus coloratus Euonymus

Festuca glauca Blue Fescue Grass

Juniperus horizentalis Creeping Juniper

Hibiscus moscheutos Swamp Rose Mallow*

Iris pallida Sweet Iris

Iris sibirica Siberian Iris

Iris versicolor Blue Flag Iris

SHRUBS


Abeliax grandiflora Glossy Abelia

Aesculus parviflora Bottlebrush Buckeye

Andromeda polifolia Bog-rosemary

Aronia arbutifolia Red Chokeberry

Aronia melanocarpa Black Chokeberry

Baccharis halimifolia Eastern Baccharis

Betula nana Dwarf Birch

Betula pumila Bog Birch

Calluna vulgaris Scotch Heather

Castanea pumila Chinkapin

Cephalanthus occidentalis Buttonbush

Chamaecyparis spp. Chamaecyparis

Clethra alnifolia Summersweet

Cornus sericea Redtwig Dogwood

Cornus sericea “Flaviramea” Yellowtwig Dogwood

Cotoneaster dammeri Bearberry Cotoneaster

Daphne cneorum Rose Daphne

Daphne caucasica Caucasian Daphne

Ericacarnea Spring Heath

Euonymus fortunei Wintercreeper Euonymus

Eubotrys racemosa Swamp Doghobble

Gaylussaciabrachycera Box Huckleberry

Hydrangea quercifolia Oakleaf Hydrangea

Ilex crenata Japanese Holly

Ilex glabra Inkberry

Ilex verticillata Winterberry

Itea virginica“Henry’s Garnet” Virginia Sweetspire

Juniperus procumbens Japgarden Juniper

Juniperus sabina Savin Juniper

Juniperus squamata Singleseed Juniper

Kalmia angustifolia Sheep Laurel

Ledum groenlandicum Labrador Tea

Leiophyllum buxifolium Box Sandmyrtle

Leucothoe racemosa Sweetbells Leucothoe

Microbiota decussata Russian Arborvitae

Myrica gale Sweetgale

Paxistima canbyi Canby Paxistima

Pieris floribunda Mountain Pieris

Rhododendron canadense Rhodora

Rhododendron viscosum Swamp Azalea

Rhododendron atlanticum Coast Azalea

Rhus aromatica “Gro-Lo” Gro-Lo Sumac

Rosa Palustris Swamp Rose

Spirea x bumaldi ”Anthony Waterer” Goldflame Spirea

Vaccinium macrocarpon American Cranberry

Zenobia pulverenta Dusty Zenobia

* Asian Longhorn Beetle quarantine species - planting not recommended in parts of Brooklyn, Manhattan, Queens and

Staten Island

article iii - commercial district regulations iii.pdf · city's expected future economy for...

Documents